
Qass. 
Book 



: 



j 






OF THE 

FACTS AND CIRCUMSTANCES 

WHICH JUSTIFIED THE 

EXPEDITION TO FOXARJDO. 

AND 

THE CONSEQUENCES THEREOF. 

TOGETHER 

WITH THE PROCEEDINGS 

OF THE 

COURT OF INQUIRY TKEEUSOZNT. 

HELD BY ORDER OF THE 

HON. SECRETARY OF THE NAVY. 



BY U>* PORTER, 



UE HOC MULTI MULTA, OMNIS ALIQUID, NEMO SATIS. 



EXTREMIS MALIS, EXTREMA REMEDIA. 



CASHING TON 



PRINTED BY DAVIS fe FORCE, (fRAJSKLIN'.S HF.AD-> 
PENNSYLVANIA AVENUE 

1825, 






353 

A 

,7*7 Vn 



DEDICATION. 



To JOHN QUINCY ADAMS, 

PRESIDENT OF THE UNITED STATES, 

This humble effort to vindicate my conduct and 
character is most respectfully Dedicated by his very 
obedient, 

And faithful servant, 

D. PORTER.. 

Washington, May 11, 1825. 



ADVERTISEMENT* 



The reader will bear in mind that when I was re- 
called from my command, to account for the affair 
atFoxardo, I pledged myself to justify it. By the 
conduct of the Court, to which the subject was re- 
ferred for investigation, I was driven from its pre- 
sence, and prevented from making the explanations 
on which I founded my justification. Therefore, to 
redeem my pledge, I submit the following sheets. 

D. P. 



EXPEOTTIOX TO ¥OX&Ul>0 



(Copy.) 

Washington-, March Isf, 1025. 

Sir : I have the honour to inform you, that, in obedience 
to your orders, I have come to this place, and I now await 
your further directions. 

With the greatest respect, your obedient servant, 

5Lr D (Signed) D. PORTER „ 

Hon. Samuel L. Southard. 



(Copy.) 

Washington, March 2d> 1825. 
Sir : Having this day seen in a print several letters from. 
Mr. Thomas Randall and Mr. John Mountain, communicated 
through the State Department to Congress, and highly inju- 
rious to the character of myself and other officers belonging 
to the West Ind.a squadron, I have to request that an inquiry 
may be instituted, to ascertain how far facts will justify their 
statements and remarks, and the injurious remarks they have 
elicited on the floor of Congress. 

I have the honour to be, & with great respect, your obedi- 
ent servant, J 

(Signed) d. PORTER. 

Hon. Samuei L. Southard. 

(Copy.) 

Washington, March Sih, 1825. 
Sir : The officers named in the enclosed list, will be ne- 
cessary as witnesses, to enable me to repel, in a suitable man- 
ner, the foul charges of Mr. Thomas Randall, and Mr! John 

floHf rn 8 ^ 6 lnJUri0US insiDuati ™ "« ^ertions on tie 
commit ° n S ress '^nst myself, and the officers under my 

n,p U , n hn r f an f Ug ?? VeSSe,S havin ? som8 of them on board 
are about saihng I beg that they may be detained, provS 
it can be done without injury to the public service. P 
1 have the honour to be, your obedient servant, 

(Signed) r>. PORTER 

Hon. Samuel L, Souti-iarp. 



6 



Captains. — Stephen Cassia, Alex. Dallas, Win. B. Finch, L. 

Kearney, T. H. Stevens. 
Lieutenants. — C. W. Skinner. J. T. Newton, F. A. Gregory, 

Silas Duncan, J. P. Zantzinger, Bell, C. 

Boarman, R. Voorhees, C. K. Stribling, D. G. 

Farragut, J. G. Baughan, F. A. Thornton, Purser. 



(Copy.) 

Washington, March IGth, 1824. 

Sir : it is now sixteen days since I had the honour to re- 
port to you my arrival here, in obedience to your order of 
the 27th December, and 1 have anxiously since awaited your 
further instructions. 

I am aware, sir, of the interruptions the recent changes in 
government and other circumstances have occasioned to the 
transactions ofpublic business, and however irksome and uncer- 
tain may be my present situation, and whatever anxiety I may 
feel on the occasion, it is not my wish to press on the Depart- 
ment my own affairs, in preference to those of greater impor- 
tance. 1 cannot, however, help requesting that there may 
be as little delay in the investigation of my conduct, both as 
regards the affair of Foxardo, and the statements of Mr. Ran- 
dall and Mr. Mountaiu, as is consistent with the public inter* 
eats. 

The state of ignorance and uncertainty in which I have 
been kept, as to the intentions of the government, and the 
desire of vindicating myself to the government and the pub- 
lic, and relieving myself from a species of suspension and 
supposed condemnation, must be my apology for now troub- 
ling you. 

Officers continue to make to me their reports, and to re- 
quest of me orders. Not knowing whether the Department 
still considers me in command of the West India squadron, I 
have been at a loss how to act. Will you be pleased to in- 
struct me on the subject. 

1 have the honour to be, with great respect, your obedient 
servant, 

(Signed) D. PORTER. 

Hon. Samuel L. Socthard. 



(Copy.) 
Navy Department, 10th March, 182j. 

Sir : It has become my duty to apprise you of the deter- 
mination of the Executive, that a Court of Inquiry will be 



formed, as soon as circumstances will permit, to examine into 
the occurrence al Foxardo, which was the occasion of your 
recal, and also to comply with the request contained in your 
letter of the 8th inst. 

It was the intention of the Department in ordering Capt. 
Warrington to the West Indies, to relieve you from the com- 
mand of the squadron there. 

I am, respectfully, &c. 

(Signed) SAML. L. SOUTHARD. 

Com. David Porter, U. S. Navy, present* 



(Copy.) 

Washington, April 13/ft, 1825. 
Sir : I hope it will not be considered obfrusive in me, to 
remind you of the extremely unpleasant situation in which 
your orders of the 27th of December have placed me. You 
will recollect, no doubt, that they required me to repair to 
this place, without unnecessary delay, to explain my condnct in 
relation to the Foxardo affair. From this positive injunction, 
they deprived me of the opportunity, without taking on my- 
self great responsibility, of obtaining, by personal application, 
the written testimony necessary in the case ; not knowing the 
cause which influenced you in urging my recal so speedily, 
and not wishing to have unnecessary delay ascribed to 
any wish on my part, the day of my arrival here, (the 1st of 
March) I reported to you my attendance on your further or- 
ders. No notice being paid to this report, after an interview 
had vvith the President, I again addressed you at his sugges- 
tion, on the 16th of the same month, and on the same day I 
received your letter, apprizing me, that, by the determination 
of the Executive, a Court of Inquiry would be formed to ex- 
amine into the occurrence at Foxardo, as well as the charges 
of Mr. Randall, so soon as circumstances will permit. 

Since that time I have waited patiently your convenience, 
regardless of the anxiety and importunity of my friends, not 
wishing to press my business on you to the exclusion of mat- 
ters which might now appear to you of more importance to 
the public interest, than the investigation of my conduct in 
the Foxardo affair, or the charges against myself and others, 
as contained in Mr. Randall's statements. I must beg leave 
to observe to you, however, that the manner of my recal 
proves, that at the time your order of the 27th December 
was issued, the investigation of the affair which caused it, was 
considered of great national importance, and a note subsequent 



[8 

]y received from Mr. Monroe, not only confirms this belief, bui 
proves that he still thought so, after he had gone out of office. 
I must also beg leave to observe, that whatever opinion may 
be entertained now, the punishment to me is none the less on 
account of the change, if any change has taken place. The 
affair ofFoxardo was the occasion of my recal — the affair of 
Foxardo was the occasion of my being displaced from my 
command — it is that affair which now keeps me suspended 
from the exercise of my official functions — it was that which 
caused you to pronounce censure on me, to punish and de- 
grade me, before any complaint against me, before trial, and 
before I was called on for an explanation. 

If, Sir, opinion is changed ; if, by information since re- 
ceived from other quarters, you have been induced to be- 
lieve that the public interest do not require so much haste in 
the investigation as you at first supposed, it would seem but just 
that my own anxieties, and the anxieties of those whose peace 
of mind I regard, and good opinion I highly respect, should 
be relieved, by some intimation of your intentions, with re- 
gard to me — that there should be in fact some relaxation in 
the severity of the course adopted towards me. 

It is with reluctance that 1 trouble you with any complaint, 
whatever, but I feel that I should neither do my duty to my- 
self, to what I owe to others, and indeed to the service to 
which i belong, if, by a longer silence, I gave reason to be- 
lieve that I acquiesced in a course of conduct towards me, 
which, when a full investigation takes place, and all the facts 
are known, few, I think, will acknowledge is founded on 
justice. 

The Executive, it appears, has decided that a Court of 
Inquiry shall be ordered to investigate my conduct. Why 
then deprive me of the opportunity of making my explana- 
tion, by delaying the execution of the Executive will ? Up- 
wards of six weeks have elapsed since 1 reported my arrival 
here, and, as yet, I only know the determination of the Exe- 
cutive. 

The time when, the place where, and by whom the inves- 
tigation is to be made, are unknown to me. No definite 
period is fixed on for the holding of the Court, and I therefore 
most respectfully ask, what is your determination with re- 
spect to me ? that I may know what course of conduct it 
would be proper for me to pursue. 

I have the honour to be, your obedient servant, 

(Signed) D. PORTER. 

Hon. Sam'l L. Southaudi 



(Copy) 
Navy Department, dpril20th 1825, 

Sir : Enclosed you will receive a copy of the precept, 
which has been issued for a Court, to make the Inquiry, in- 
stituted by the Executive, into your conduct at Foxardo. — 
You will perceive that the .saxie Court is also directed to 
make the Inquiry which has been granted at your own request. 

In your letter of the 13th instant, which has been received, 
it created some surprise to find the declaration, that the " pos- 
itive injunction " in the letter from the Department of the 
27th December, 1824, to " proceed, without unnecessary de- 
lay, to this place," " deprived you of the opportunity, with- 
out taking on yourself great responsibility of obtaining, by 
personal application, the written testimony necessary in the 
case." By referring to that letter, you will find that you are 
expressly charged to " bring with you those officers whose 
testimony is necessary, particularly Lt. Piatt ; and such writ- 
ten evidence as you may suppose useful," for the " full in- 
vestigation," which it was declared the importance of the 
transaction demanded.* 

No change has taken place in the views of the Executive, 
either as to the necessity or character of the investigation, 
and any delay which has occurred in proceeding with it, must 
be attributed to other causes. 

In relation to that part of your letter, in which you say, 
41 the affair at Foxardo was the occasion of my recal ; the af- 
fair of Foxardo was the occasion of my being displaced from 
my command ; it is that affair which now keeps me su*pend- 
ed from the exercise of my official functions," it is proper to 
remark, that although that affair was the immediate cause 
of your recal, yet you are not ignorant, that it was the pur- 
pose of the Department to recal you from that command for 
other reasons, as soon as it was found convenient to substi- 
tute a competent officer in your place,! a purpose only pre- 
vented by this transaction, which intervened previously to its 
execution. 

*Those acquainted with the Geography of the West Indie?, need not 
be informed that it requires more time to go from Thompson's Island, 
where the Secretary's orders found me, to St. Thomas's where Lieut. 
Flatt was, and where the documents were to be obtained, than to come 
from Thompson's Island to the United States. The public, therefore, 
"will be able to judge whether I should have been justified by the Secreta- 
ry's orders in obtaining, by personal application, the written testimony 
necessary in the case. D. P. 

|On the 19th of October, 1824, while at Washington, before going to 
4he West Indies, I requested, for various reasons, among others ill 



10 



No other notice of the style and manner of your letter is 
deemed necessary at this time, than to remind you of the re- 
lation which subsists between you and the Department. 

I am very respectfully, sir, your most obedient servant, 

(Signed) SAM'L L. SOUTHARD. 

Com. David Pokter, U. S. M&byj present. 



(Copy) A. 
To Isaac Chacncev, Esq., Captain in the Naty of the United Stales t 

It having been made to appear to the President of the Uni- 
ted States that on or about the fourteenth day of November, 
in the year of our Lord one thousand eight hundred and twen- 
ty four, David Porter, Esquire, a Captain in the Navy of the 
United States, then in command of the naval forces of the 
United States in the West Indies and Gulf of Mexico, did, with 
a part of the military force under his command, forcibly land 
upon the Island of Porto Hico, a part of the dominions of his 
Catholic Majesty, the King of Spain, then and still at peace 
and in amity with the government of the United States, and 
did then and there commit acts of hostility within the territo- 
ries, and against the subjects, of the said King of Spain. 

The President of the United States has deemed an inquiry 
into the conduct of the said David Porter on that occasion, 
as well as into the causes which led to the same, to be neces- 
sary and proper. 

And whereas certain representations have been made to the 
Government of the United States in regard to the employment 
of the naval forces of the United States in the West Indies 
and Gulf of Mexico, setting forth in substance that, in the 
year one thousand eight hundred and twenty-four, the said 
naval forces were not employed in the suppression of piracy 
in the most effective manner, but were employed in the trans- 
portation of specie and in other objects of inferior moment,, 
to the neglect of the public interests ; and the said David Por- 

health, and apprehension of a West India climate, that the Secretary 
would order me to be relieved from the command of the Squadron. The 
Secretary, in his reply to this application of the 21st, informs me that if 
I had made ray application earlier I should have been relieved, and a. 
successor appointed, but having failed to do so, and the presence of a 
coinmande! on the station being indispensable, I was ordered to proceed. 
" When it is convenient to the Department," (says the Secretary,) " your 
wish to be relieved shall be gratified.'' It is to this intimation the Sec- 
retary alludes, when he leminds me of the purpose of the Department to 
recal rue. D. P' 



11 

ter considering his conduct and character as the commander of 
said forces to be thereby implicated, has requested of this De- 
partment that an inquiry be made into the truth of said re- 
presentations. 

The President of the United States, in consideration of the 
premises, has charged me to convene a Court of Inquiry for 
the purpose of examining into the matter aforesaid. — You 
are therefore hereby ordered to proceed to the Navy Yard 
at the City of Washington, on or before the second day of 
May next, to act as a member of the said court, and to officiate 
as the President thereof. 

Orders are also transmitted to Captain VVm. M. Crane and 
Captain George C. Ptead to appear at the time and place 
aforesaid, and Richard S. Coxe, Esquire, is also appointed 
Judge Advocate, and will report himself to you in that capa- 
city at the time and place aforesaid. 

And the said Court is hereby required to convene and or- 
ganize at the said Navy Yard at Washington on the said second 
day of May, and is authorized and directed to summon before 
it such persons as may be deemed necessary to give informa- 
tion touching the matters aforesaid; and it is also empowered, 
authorized and directed, diligently and strictly to inquire into 
the said matters, to make a statement of the facts in relation 
to the same as they shall appear to the Court, and particular- 
ly to examine into and report the causes which led to the con- 
duct of the said David Porter at the Island of Porto Rico, 
before mentioned, and to ascertain and report whether the 
Naval forces of the United States were employed in the most 
effective manner in the suppression of piracy, or in objects of 
inferior moment to the neglect of the public interests; all 
which you will transmit to this Department, to be submitted 
to the President of the United States for his consideration. 

And for your so doing, this shall be to you and to all con- 
cerned, a sufficient warrant. 

Given under my hand, and the seal of the Navy De- 
partment of the United States at the City of Wash- 
[l. *.] ington, this nineteenth day of April, in the year of 
our Lord one thousand eight hundred and twenty- 
five, and of the Independence of the United States 
the forty-ninth. 

(Signed) SAM'L L. SOUTHARD 



13 



.Minutes of the proceedings of a Court of Inquiry directed to 

investigate the conduct of David Porter, Esquire, a Captain. 

in. the Navy of the United States, convened at the Navy Yard. 

at the City of Washington, this second day of May, in the year 

one thousand eight hundred and twenty-Jive, in obedience to 

the precept of the Honourable the Secretary of the Navy. 

bearing date the 19th day of April, 1825 — which is hereunto 

annexed and marked (A). 

Captain Isaac Chauncey, appointed in and by the said pre- 
cept as President of said Court, and Captains William M. 
Craine, and George C. Reed, members thereof, and Richard 
S. Coxe, Judge Advocate, appeared. 

Captain David Porter also appeared, and being asked whe- 
ther he had any objection to offer against either of the mem- 
bers of the Court, replied that he had no specific objection 
to individuals, but he. objected to the materials of which the 
Court was composed ; and stated further, that he had some 
remarks to make on the subject, as well as on the precept; 
that he did not think the Court was legally formed. The oath 
prescribed by law in such case was administered by the Judge 
Advocate to the President and members of the Court — and 
the President administered to the Judge Advocate the oath 
required by law to be taken by him. 

Captain Porter then submitted, and read to the Court, a pa- 
per containing certain remarks upon the precept by the au- 
thority of which the Court had been convened, which was an- 
nexed to the record, and marked (B). The room being clear- 
ed, the Court proceeded maturely to deliberate on the same : 
after some time it was opened, and the Judge Advocate in- 
formed Captain Porter that he had been instructed to read to 
him a letter which had been addressed by the Judge Advocate, 
by the directions of the Court, to the Secretary of the Navy, 
by which he would be apprized of the course which the 
Court had taken with regard to the paper submitted by him — 
which letter was read, annexed, and marked (C). 

The Court then adjourned till to-morrow morning at 11 
o'clock. 

TUESDAY, May 3d. 

The Court met pursuant to adjournment ofyesterday : pre- 
sent as before. » 

The Judge Advocate submitted and read to the Court a 
communication from the Honourable the Secretary of the Na- 



14 

vy, in answer to the letter yesterday addressed to him, which 
was annexed to the record and marked (D). 

The Judge Advocate then submitted and read to the Court 
certified copies from the Navy Department, of certain papers, 
annexed to the record and marked (Nos. !, 2, 3. 4. 5 & (i). 

Charles T. Piatt, a Lieutenant in the Navy of the United 
States, being duly sworn according to law, deposes and says: 

On the 24th October last, as I believe, about 7 o'clock in the 
morning, I received a communication from Messrs. Cabot, 
Baily, & Co., Commercial Agents at St. Thomas, informing 
me that their store had been forcibly entered the preceding 
night, and robbed of goods to the amount of not less than five 
thousand dollars. I commanded the Beagle then at St. Tho- 
mas. With this communication I received also a request from 
Messrs. Cabot and Baily, to assist in recovering the goods. 
I went on shore and called on tiiem, and there learned from 
merchants who had been previously robbed at the same place, 
that they had good reason for supposing that these goods had 
been taken to Foxardo, or in that neighbourhood. I lost no 
time in getting my vessel ready for sea ; took with me a pi- 
Jot furnished from the shore, and a clerk of Messrs. Cabot 
and Baily, with a description of the goods that had been stolen. 
On the evening of the 26th, about 6 o'clock, I anchored with 
my colours flying in the harbour of Foxardo. It was then so 
late that the pilot did not think it prudent to goon shore, or 
was not capable of shewing me the way. Early the next 
morning, (the 27th) a boat came along side with a message 
from the Captain of the port, who said he would be happy to 
see me on shore. I inquired whether he was acquainted 
with the character of the vessel, to which he replied yes : lest 
he might be mistaken, 1 directed him to inform the Captain of 
the port it was the United States' Schooner Beagle, and that 
I should he on shore as soon as possible. At about half past 
six I landed : I was there met by a parcel of ruffians, I could 
hardly tell what they were. One of them informed me that 
I could not proceed up to the village I inquired of him 
who he was, whether an officer or not ; he gave me no satis- 
faction whatever, but merely repeated that 1 could not proceed 
up to the town. I then proceeded on without any interruption 
whatever ; hiving been advised so to do by some citizens who 
were there, who informed me these people had no authority 
to stop me. 

Having entered the village, I first went to the Captain of 
the port, having been informed by a gentleman, a citizen of 
the place, that this was proper. I informed the Captain of 
the port of the object of my visit, and my reasons for appear- 



15 

♦ng in citizen's dress, and after producing the letter addressed 
to Mr. Campos, he appeared perfectly satisfied with my cha- 
racter, and directed me to call upon the Alcalde, and iniorm 
him. I called on the Alcalde, and explained to him my object, 
and again produced the letter to Mr. Campos. He was per- 
fectly satisfied with my character, and appeared very much 
pleased that 1 had taken the precaution to come on shore in 
citizen's dress. He then stated that he had do doubt that he- 
should be able to obtain the goods before night, or ascertain 
where they were. This conversation was entirely between 
ourselves, the interpreter only being present- — every one else 
being out of hearing. He said the recovery of the goods 
would probably be attended with some expense. I replied, 
that if it was necessary to offer a reward for the recovery of 
the goods, I was authorized to offer one, not to exceed one 
thousand dollars. I then proposed going round to the differ- 
ent stores where it was possible these goods might have been 
deposited, with the police, and examine the goods and see if 
they corresponded with the samples and descriptions we had. 
It was supposed that the goods which had been stolen were the 
only goods of that description in the country. He told me to 
let that matter rest — to let him manage the affair. He observed, 
that as I had very properly taken the precaution to come on 
shore in citizen's clothes, he thought it advisable to let it 
rest entirely with him ; that if I accompanied him, it might ex* 
cite some suspicion. I accordingly went to a public house, and 
took my breakfast. I received a message from the Alcalde, 
requesting me to call at his office. 1 was then under the im- 
pression that he had made some discoveries in respect to the 
goods that I was in search of. I went over to his office di- 
rectly ; Lieut. Ritchie and the pilot were with me, to see 
what the result was. I inquired, on my arrival at the office 
of the Alcalde, whether he had sent for me, and for what pur- 
pose. To this the Captain of the port replied in the most 
provoking and insulting manner, that he had sent for me for 
the purpose of demanding my register. I informed them that 
I had previously offered to shew my commission, my uniform, 
and my clothes ; that I had no register ; that a man-of-war 
carried none. He then told me, that if I did not produce my 
register at once, he would imprison me. I then requested 
permission to go on board my vessel with any officer they 
might choose to send with me, and that I would satisfy them of 
the character of my vessel and of myself. I then stated to 
them that the insult which I had received from them was of 
that nature that it could not be overlooked on my part, and 
that 1 should malic a formal report of it to Commodore Porter 



16 

and lest they might deny that they had arrested and imprison- 
ed me, that I should proceed directly on hoard my vessel and 
leave the port. I left the office with the design ot returning 
to my vessel, when I was pursued hy soldiers, who took me 
by the collar, arrested, and brought me back. 1 then consid- 
ered my self as a prisoner. After detaining me about an hour 
under charge of the sentry, with Mr. Ritchie and the pilot, 
they consented to let me send Mr. Bedford, the clerk who 
had been sent down by Messrs. Cabot & Baily, on board the 
vessel for my commission. I sent him on board, and directed 
him to bring my commission and uniform, though they did not 
require the latter. Mr. Bedford returned with them. 
I put on my uniform and shewed them my commission, 
observing, it was a thing which had never been required 
of me before. After perhaps fifteen minutes deliberation 
on the subject, they pronounced the commission a forgery, 
and me a damned pirate, and ordered me to be confined in 
the jail. They called it the king's house, and not knowing 
what that meant, I thought they were about taking me to the 
most genteel house in the place. So soon as I approached 
near enough to discover that it was a guard-house, well calcu- 
lated to produce the yellow fever or plague, 1 objected to be- 
ing confined there, and said I would not be, unless they com- 
pelled it by force of arms. In about ten minutes they return- 
ed me to the quarters from which they had taken me, and 
placed me under charge of a sentry. After my return, I di- 
rected the interpreter to inquire what their object was — whe- 
ther they meant to detain me, or what they wanted. The 
:mswer was, they would detain me until they heard from St. 
.'ohn's, as I had produced nothing to satisfy them of my cha- 
racter. I informed them that what 1 had already shewn them 
was all that it would be in my power to shew them after hear- 
ing from St. John's. They informed me I had shewn nothing 
to satisfy them that 1 was ever ordered to that vessel as a Lieu- 
tenant Commandant. I then requested permission to send on 
board for my orders — it was granted. I sent on board and 
got them. After producing my orders, they called a council, 
detained me till about fifteen minutes before sundown, cofined. 
i was then set at liberty, and ordered to go on board my vessel, 
which I did; laughed and hissed at by every blackguard in the 
street. In this way I left the village, went on board my ves- 
sel, and got under weigh. 

On the 12th of November, I was standing out of the har- 
bour of St. Thomas, and discovered the John Adams with 
her broad pendant flying, standing into the harbour. As soon 
as the Commodore came to anchor, I went on board, and re- 
ported myself to him. and mentioned the circumstances that 



17 



had led to my visit to Foxardo, and the treatment I met with 
there. The Commodore replied that a written report was 
necessary. I informed him it should be done directly ; that 
not expecting him so soon, was the cause why it had not al- 
ready been made out. The Commodore further informed 
me, that if the circumstances of the case would justify my 
going there as I did, that he would visit Foxardo, and obtain 
redress for the insult offered to my person, and to the flag 
of the United States. I referred the Commodore to Mr. 
Cabot and Mr. Furniss, both Commercial Agents at that 
place, who would inform him that robberies of the same 
kind had been before committed, and the goods stolen traced 
to Foxardo, or the neighbourhood. The Commodore directed 
toe to go on shore, and request Mr. Cabot to come on board, 
and at the same time get a pilot. I saw Mr. Cabot, who im- 
mediately came on board with me. In the morning the pilot 
came on board the Beagle, and I immediately got under weigh, 
and stood out to the Adams, then under weigh by order of the 
Commodore. I went on board the Commodore, and deliv- 
ered my written report. I was then ordered to go ahead, 
with the pilot on board the Beagle, and make the best of my 
way to Foxardo. The wind, however, was light, and we 
were obliged to lie too, off and on, during the night. The 
next morning at day-light, I was hailed, and ordered to pro- 
ceed again ahead. At about 7 o'clock, a boat was sent on board 
from the Commodore for the pilot, and I was directed to pro- 
ceed on again to the South. At 8, signals were made to fol- 
low the motions of the Commodore, who was standing in to 
the land. At 9, we came to anchor under the lee of Passage 
Island, where we remained until 12 at night, when the 
Grampus, the Beagle, the barges of the Adams, with as ma- 
ny of the officers and men as could be spared from the ves- 
sels, got under weigh, and proceeded towards the harbour 
of Foxardo. At 8 o'clock in the morning of the 14th, we 
came to anchor, with the Grampus and Beagle, in the har- 
bour of Foxardo. The barges were officered and manned, 
and about landing. At this time one of them had been sent 
to attack a fort on an eminence at the beach. Commodore 
Porter, at the same time, sent by Lieut. Stribling a flag of 
truce to the Alcalde of the place. At half past 8, we com- 
menced marching up from the landing to the village, which 
was about a mile and a half distant. We walked it in about 
fifteen or twenty minutes. After we arrived within about 
forty rods of the village, in a few minutes we discovered a 
iield piece a head, with anumber of men with muskets. Com- 
modore Porter ordered us to halt,. About fifteen minutes af- 

3 



18 



ief, we discovered a white flag, which was accompanied by 
Lieut. Stribling, the Alcalde, the Captain of the port, and the. 
interpreter. They professed, when they met the Commo- 
dore, not. to know the object of his visit. The Commodore 
informed them they ought to have known that from the tenor 
of his note — asked them if they had not confined me after 
knowing that I was an American officer, and why they had 
done so. The Alcalde admitted he had confined me after know- 
ing I was an American officer, but said that he was not to blame, 
as he had been forced to do so by others. The Commodore 
informed him that he had nothing to do with any other person j 
that he was the Alcalde and Chief Magistrate of the place, 
and that he held him responsible for the insult offered to me, 
and to the flag — that, as he had the power of confining, he 
certainly had the power of releasing me. The Commodore 
then informed there was no necessity for any altercation — 
that the time he had allowed bad nearly expired — that there 
was about five or seven minutes remaining — that he requir- 
ed ot them a suitable apology, such a one as should be dic- 
tated —the refusal of which would compel him to resort to 
force of arms, which should terminate in the final destruction 
of the village They acceded to this, and apologized in the 
manner the Commodore dictated, to the satisfaction of all 
present. This being done, we proceeded down to the beach. 
Refreshments were brought down, and we returned to the 
vessels, and got under weigh. 

I neglected mentioning the spiking two nine pounders which 
guarded the passage by which we marched up. 1 do not 
know that they were loaded. There was a battery on the 
beach on the eminence with two cannon. I saw the Spaniards 
by them with matches — they were training them upou the 
vessels. This battery was attacked by a barge, and the 
Spaniards ran without firing. The other barges landed at al- 
most the same time on the beach, within half a mile of the 
battery. They did not fire at us at all. 

The Court then adjourned till half past ten to-morrow 
morning. 

WEDNESDAY, May 4th. 

The Court met pursuant to the adjournment of yesterday 
present as before. 

The Court resumed the examination of Lieut. Piatt. 

Question. Was the store of Messrs. Cabot &. Baily in the 
town or Island of St. Thomas ? 

Answer. The store of Messrs. Cabot & Baily was in the 
c\iy of St. Thomas, the dock in the rear of the store. 



19 

Q. Were those gentlemen at the time resident merchants 
at St. Thomas. 

A. Yes. Those gentlemen were American citizens, resid- 
ing at St. Thomas. 

Q. Did any communications pass between yourself and the 

authorities of St. Thomas, in relation to the alleged robbery { 

A No. I had no communications with the authorities at St. 

Thomas. I understood from Mr. Cabot, and subsequently 

from the Governor, that some had passed between them. 

Q. Did you carry any letter or other document from the 
Governor or other officer of St. Thomas — or any force fur- 
nished from that Island ? 

A. No. I carried no paper from any official person at St. 
Thomas, but a private letter from one of the most respectable 
merchants there, addressed to Mr. Campos, one of the most 
respectable merchants at Foxardo. 

Q. What orders had you received from Commodore Por- 
ter, which you considered as authorizing the steps you took ? 
A. I had received orders to protect our commerce in every 
manner which was consistent with the rules of the service, 
I understood myself as authorized to go on shore at Foxardo, 
and inform the police of the robbery that had been com- 
mitted, which was the object I had in view. 

Q. Did the messenger from the Captain of the port, or the 
Captain of the port himself, intimate, in your first conversa- 
tion with them, that tbey knew the vessel then in port to be 
an American man of war ? 

A. Yes. The Captain of the port, in my first interview 
with him, appeared perfectly satisfied of the fact, and took 
down the name of the vessel, and the names of myself and 
officers, and our force. 

Q. In your first interview with the Captain of the port, or 
the Alcalde, did you request them to act in the recovery 
of the property of which you were in search, or did you pro- 
pose to search for, and take the property yourself? 

A. I requested thetn to act — to search for the goods — -not 
intending to act myself at all. I afterwards proposed going 
myself with the police, which they objected to as unneces- 
sary. 

Q. Did Commodore Porter know any thins; of the transac- 
tion at Foxardo, previous to your communication to him ? 
A. No. He did not. 

Q. Do you know whether any communications were made 
to the authorities at Porto Rico, either by yourself or Com- 
modore Porter, prior to the landing of the force at Foxardo Q 
A. I knew of none, 



20 



Q. In what boat or vessel did Lieut. Stribling go to Fox- 
ardo, and what length of time elapsed between his going with 
the flag of" truce, and the landing on the beach ? 

A. Lieut, stribling went down to Foxardo in the Grampus, 
and landed about the same time that the men did. 

Q. Where did he receive his instructions from the Com- 
modore ? At Foxardo, or before your arrival there ? 

A. I do not know. 

Q. How many officers and men were landed ? How were 
they armed ? What orders were given by the Commodore 
to the landing party, or to those who remained behind ? 

A. 1 believe that about two hundred officers and men were 
landed. I do not know what orders were given to those who 
remained. I was ordered to land with as many men as I 
could conveniently, without crowding, carry in the boats. — 
The men were armed with muskets, boarding pikes, cutlasses, 
and pistols. 1 heard no other orders given, than that after 
we landed, we were directed by the Commodore to fall into 
line, and march up. 

Q. Had any answer been received to the communications 
made through Lieut. Stribling, before the landing of the men, 
and the spiking of the guns in the battery on the beach, and 
the two nine pounders between the beach and the town ? 

A. None that I knew of. 

Q. What is the distance between Foxardo and St. Johns .' 

Jl. I think about forty miles. 

Q. Did the interpreter appear to be an intelligent man, 
well acquainted with the Spanish and English languages ? 
And do you understand Spanish sufficiently well to know 
whether he interpreted correctly ? 

A. The interpreter appeared perfectly acquainted with 
both languages. I understood some things that were said, 
and my pilot who understood both languages, told me that he 
interpreted correctly. 

The examination of the witness in chief having been clos- 
ed, Captain Porter was asked whether he had any questions 
to propose to the witness ; to which he replied, that before 
proceeding to take any steps in his defence, he had some re- 
marks to submit to the Court, which he read and submitted 
to the Court, annexed to the record, and marked (E. ) 

The room was then cleared, and after some time was open- 
ed, when the Judge Advocate informed Capt. Porter that the 
Court had maturely deliberated upon the paper submitted by 
him — that after full consideration, the Court is of opinion 
that the matter of the communication, as well as the language 
in which it is couched, is in several particulars so highly objec- 



21 



tionable that, could the Court have anticipated its character 
and contents, it would not have been suffered to be read. — 
The Court consider it as highly disrespectful, both to the Se- 
cretary of the Navy, and to the Court itself. This Court 
cannot submit to hear from any officer animadversions on the 
conduct, and accusations against the head of the Department, 
wholly foreign to the investigation in which it is engaged ; 
nor can it, without forfeiting its own self respect, listen to 
language so offensive to itself The Court is willing to be- 
lieve that this objectionable character may be attributed to 
the hasty manner in which the paper appears to have been 
drawn up ; and that Capt. Porter, on consideration, will him- 
self feel disposed as well to perceive, as to rectify the grounds 
of objection. 

In order, however, to prevent a recurrence of such un- 
pleasant circumstances, the Court has ordered, that in future 
no communication be received unless in writing, and the pa- 
per must previously be submitted to the Judge Advocate for 
the consideration of the Court. 

The Judge Advocate further informed Capt. Porter, that 
the Court had likewise directed him to state, that when 
the question was asked him, on the opening of the Court, 
whether he had any objections to make to any member of 
the Court, he was understood to say, distinctly, that he had 
none : but that he wished to submit to the Court " some re- 
marks on the precept by which the Court was convened, and 
the materials of which it was constituted." It was then sug- 
gested to him that, as the Court had not yet been organized, 
it could at that time hear nothing from him ; but that the 
proper period would be after the members had been sworn 
in. This suggestion was made by the Judge Advocate, and 
apparently acquiesced in by Capt. Porter. 

Immediately after the organization of the Court, Captain 
Porter read and submitted to the Court the paper which has 
been annexed to, and constitutes part of the record. Con- 
ceiving that it contained, not a challenge to the Court, or a 
specific exception to any member of the Court, but objections 
applying exclusively to the precept under which it had been 
convened ; and that these objections, if presented to the 
government, might possibly induce some change in the pre- 
cept, with which the Court had no authority to interfere ; — 
feeling, also, that the exceptions which had been urged in- 
volved the competency of the major part of the members of 
the Court, a question on which delicacy forbade them to ex- 
press an opinion, when it had not been presented distinctly to 
their decision ; the Court determined to pursue the course 



tJ 2 

which was adopted, and of which Capt. Porter was immedi- 
ately apprised. 

If, however, Captain Porter did design to raise a question 
for the decision of the Court, as to the legality of the precept, 
under which it is acting, the Court has no hesitation in saying 
that it entertains no doubt upon the subject. Had any doubt 
existed, the Court would have put it in a way to be satisfac- 
torily decided, before proceeding to act under it. 

The Court is aware that it possesses no power to compel 
Captain Porter to take any part in this investigation ; but it 
is equally satisfied that his acts can in no degree interfere with 
the duty of the Court to proceed in the investigation, which 
it has been charged to make by the competent authority. 

The Court then adjourned till ten o'clock to-morrow morn» 
ing. 

THURSDAY, May 5th. 

The Court met pursuant to the adjournment of yesterday: 
present as before. 

Captain Porter stated to the Court, that on receiving the 
record, it appeared to him that an omission had been made, 
which he was desirous of having supplied, in stating the pro- 
ceedings of the first day. He submitted to the Court his 
statement of the remarks which he made before the oath was 
administered to the members. The Court being of opinion 
that Captain Porter is entitled to have his statement inserted 
in the record, as containing his view of what transpired, di- 
rected it to be inserted. It is the words following, viz. 

" Captain Porter being asked whether he had any objection 
to offer against either of the members of the Court, replied 
that he had no specific objection to individuals, but he object- 
ed to the materials of which the Court was composed ; and 
stated further, that he had some remarks to make on the sub- 
ject as well as on the precept — that he did not think the 
Court was legally formed.'" 

Captain Porter then submitted to the Judge Advocate for 
the consideration of the Court, a paper (marked F.) The 
Court was cleared, and after some time was opened. The 
Judge Advocate informed Captain Porter that he was instruct- 
ed by the Court to say that the paper had been maturely con- 
sidered — that it is deemed objectionable from the style of 
animadversion upon what has transpired, and of instruction 
as to the future conduct of the Court. The Court, there- 
fore, will permit Captain Porter to withdraw it. Should-he, 
however, wish it to be inserted on the record in its present 
shape, it shall be done, accompanied by such remarks as tb.Q 
Court conceives it due to themselves to make. 



2a 



Captain Porter declined to withdraw the paper, and the 
Judge Advocate informed him as follows : 

The Court feels constrained to make some remarks upon 
the animadversions which Captain Porter has thought himself 
entitled to pass upon its conduct. The Court did understand 
Captain Porter to waive or decline challenging any of the mem- 
bers of the Court, but at the same time to intimate, as an ob- 
jection which he conceived existed against the organization 
of the Court, that two of the members were his juniors in 
rank. The Court did not, at anytime, suppose that this ob- 
jection had any foundation, either in the letter or spirit of the 
law. The law is silent on the subject. The only qualification 
required is, that the members of the Court should be com- 
missioned officers. The " materials then of which this Court is 
constituted, 1 ' are conceived to be wholly free from any legal ob- 
jection. Nor is there any thing in the spirit of the law which 
the Court has been able to perceive leading to a different con- 
clusion. Every member of this Court holds the same com* 
mission with Captain Porter ; all are Captains ; one his senior, 
two his juniors, in date of commission. The Court, however, 
is clearly and unhesitatingly of opinion that no law would be 
violated, either in its letter or spirit, by the appointment of any 
three commissioned officers to constitute a C ourt of Inquiry into 
the conduct of any officer. Courtesy, and a regard to the feelings 
ofthe officer whose actions are to be investigated, will, it is pre- 
sumed, in all cases, prevent the government from selecting offi- 
cers of a very inferior grade to set upon an inquiry into the con- 
duct of an officer of elevated rank. But this principle can 
scarcely be carried to an extent which would apply to a Court, 
every individual of which is known to the American Navy. At 
all events, this is an objection which the Court conceived, and 
still conceive, can be properly decided only by the Executive. 
This Court can in no manner interfere with such a question. 
In this instance likewise, it appeared to the Court to be so 
connected with other comments upon the precept as to pre- 
sent itself before the Court rather as an animadversion upon 
the conduct of the Executive, in >hus organizing the Court, 
than as a challenge formally presenting the question for its 
decision. Captain Porter seems himself to have so viewed 
it, for he assigns his reasons for making this Court the organ 
of his communications with the Department. 

The Court thinks proper, further to remark, that the single 
object for which it has been constituted is, to inquire into the 
official conduct of Captain Porter, and to report to the Depart- 
ment the facts which may be proved. The Court possesses 
no power to adjudge Captain Porter innocent or guilty ; it ha^ 



21 



oo authority to impose punishment. The duties imposed are 
enjoined by the competent authority. The interference of 
Capt. Porter in pursuing this investigation, however desirable 
it may be, as calculated more fully to elicit the truth, is in no 
manner necessary. The Court is competent of itself to per- 
form the duties imposed upon it, and will now proceed to ex- 
ecute that task. 

Captain Porter was then asked whether he had any ques- 
tions to propose to Lieut. Piatt, he declined putting any, and 
observed he should now take his leave of the Court.* 



Remark. However desirable it might have been to myself and others 
that the investigation asked for by me should proceed ; however honour- 
able the result migtit be to myself and the officers under my command, 
and however necessary it may be for the reputation of the Navy and 
the Nation, I could not consent lo defend myself before the Court 
against any charge whatever, until its legality had been decided by com- 
petent authority — until I could appear before it on terms of perfect 
equality with my accusers — until I could be allowed to protect myself 
in the way which might appear to me most proper; without submitting 
my defence to the inspection of the Judge Advocate, who had no right 
io decide in my case ; or to the control of the Court, who would there- 
by have exercised a power not founded on law or justice ; and without 
the risk of undeserved reproof. 

For the members who composed the Court, individually, no one could 
liave a higher respect than myself, and if a majority senior to me could not 
he had without injury to the service, I should have been content. But this 
has not been made apparent, and I owed it to the service as well as my- 
self, that no doubt should remain as to the legality of the principle that 
the Court would have established, that commissioned officers of any 
class, are a sufficient Court for the trial of any officer, their rank de- 
pending on courtesy alone. The framers of laws rarely permit justice 
to depend on courtesy, and I doubt the exception in this case. Too much 
courtesy might permit the guilty to escape ; too little, the innocent to 
suffer. Justice dispensed on this principle is never certain, and seldom 
satisfactory. In this instance, I may with propriety, considering all cir- 
cumstances, complain that courlesy has not been sufficiently extended ; 
a practical illustration of the effects of which I have had, in the cen- 
sure the Court thought itself justifiable in passing on me. But inde- 
pendent of my objections as stated above, on the ground of legality, 
equality, and the rules of the Court, I object to the precept itself, 
which does not grant me what I asked. If the Secretary of the Navy 
had thought my request an improper one, he should have refused it; but 
after he had informed me, he would comply with it, he should have 
granted it to its full extent. 

The same principle that induced me to go to Foxardo for the protec- 
tion of the persons of the officers under my command, induced me to ask 
for an inquiry, to enable me to protect their characters. They acted in 
botli cases in conformity with my orders, and were entitled to my pro- 
tection, so far as I could protect them. If in both cases I have failed in 
my object, I have the satisfaction of knowing that the failure is not at- 
tributable to any omission on my part. 



25 

Alexander J. Dallas, a Master and Commander in the Navy 
of the United States, being produced as a witness and sworn, ac- 

If the Court pursues the investigation, I feel no apprehension for the 
result, whether I defend myself or not ; and if the case should be dismis- 
sed by the Department in consequence of my refusal, it will be a suffi- 
cient justification of my conduct against the imputation of Messrs. Ran- 
dall and Mountain, and of members on the floor of Congress, but it will 
be no acquittal of the officers under my command, against whom simi- 
lar charges by the same persons have been made. 

But however desirable a decision in the case may be, I cannot, either 
on my own account, or on account of others, purchase the good report ol 
the Court at the expense of self respect and esteem. 

I take this occasion to express my surpiise thnt the Court should have 
conceived the idea, that 1 wished to submit the question of its compe- 
tency to the Secretary of the Navy, as no such wish is expressed by me. 

1 wished my objections to the precept submitted to the Secretary, and 
so expressed myself ; the question of competency, I submitted to the 
Court itself. I beg leave to refer the reader to paper B, wherein he will 
find I express myself as follows : 

" That the Court is formed agreeable to the letter of the law, I cannot 
deny; nor could I were it formed of any of the subordinate classes I 
have mentioned. But whether it is formed according to its spirit and 
intention, and on principles of strict justice, is the question I beg leave 
to submit to you." 

If the Court, from any scruples whatever, declined deciding the ques- 
tion thus presented to it, it appears to me, the most proper course would 
have been to submit it to the decision ol the Attorney General of the 
United States. But it was the duty of the Court to decide whether it 
was or was not competent ; the decision as to its belief on the subject, 
en oath, was all that was required by me, and the question could have 
been decided by the Court, as readily, and as well, before, as it was, 
after the instructions of the Secretary had been received ; that it did not 
decide in the first instance, is sufficient evidence that doubts then existed 
as to its legality. 

" The single object for which it (the Court) has been constituted, '' has 
nothing; to do with the merits of the question of legality ; and although 
the limitation of its powers, as defined in the precept, might have been 
of itself a sufficient reason for my not defending myself before it, it is 
not a sufficient apology for the course it has pursued toward me. The 
Court was not authorized to offer an opinion in the case ; the opinion of 
the President, to whom the subject is to be submitted, cannot be formed 
without having all the facts be.lore him ; and his opinion I feel confident 
■will not be governed by any act of the Court. 

Under all circumstances then, I had nothing to lose, or apprehend, by 
my withdrawal from the Court, and I certainly saved a very useless sa- 
crifice of my feelings, as (except in its deportment toward me while be- 
fore it,) it could do me neither good or harm. A Court more powerless, 
and yet more calculated to alarm the accused, was perhaps never formed. 

The charge, first to be investigated, was exhibited against me by the 
Secretary of the Navy, the Secretary of the Navy selected my judges, 
two of whom were junior to me. The Judge Advocate, who is the pri- 
mum mobile of all Militaiy Courts, received his appointment from the 
Secretary, and is his warm friend And protege. Under these circumstances, 
I 'nay readily be imagined, 1 had e\-rry thing to apprehend, and no- 

1 



26 



cording to law, deposes and says : I was a master commandant 
in command of the John Adams, bearing Commodore Porter's 
broad pendant. We arrived some time in November, I do 
not distinctly remember the date, off the town of St. Tho- 
mas, in the Island of St Thomas. On our arrival there some 
time 1 think in the afternoon of the same day, Lieut. Piatt, 
in company with Mr. Cabot, came on board the John Adams, 
and made a report to the Commodore of some ill treatment 
which Lieut. Piatt had received at Foxardo. In consequence 
of this report, I understood from the Commodore that it was 
his intention to visit Foxardo, and endeavour to obtain an 
apology from the authorities there for their conduct. On the 
following morning I was directed to got the John Adams under 
weigh, and proceed to Foxardo. In consequence of the 
lightness of the winds, and the pilot being of opinion that the 
draught of water of the John Adams was too great to permit 
her being taken near the town, I was directed to anchor her 
under one of the. Passage Islands, to get out all my boats, and 
prepare a hundred and odd men with the officers. After all 
these preparations were made, the day had so far advanced 
that we could not have arrived there before night. In con- 
sequence of which the Commodore directed that we should 
be ready by one or two in the morning to go on board the 
schooner Grampus, she and the Beagle being in company. — ■ 
We did so, and the Grampus took our boats in tow. We 
then proceeded to Foxardo, where we arrived about nine 
or ten the next morning. On anchoring, we observed on a 
hill near the beach a small battery, in which there appeared 
to be a number of men, and who it was supposed intended to 
make resistance to our anchoring. An order was given by 
the Commodore, that a boat and her crew should dislodge the 
men from that battery. The boats were then all manned, 
and we landed. The Commodore then directed Lt. Crabb, 
with a portion of the marines, to advance and take a position 
nn the road by which we were to march up to the town. Lieut. 
Stribhngwas then dispatched with a flag and a letter to the au- 
thorities of Foxardo. After having formed the men, we were di- 

Ibing to hope for, while before the Court; and to defend myself under 
the conditions imposed on me, would have been worse than useless. All 
that was left for me was to retire from the Court, and to lay a statement 
of the case before the highest tribunal on earth. In doing so I mean no 
disrespect to the Government, to the head of the Department to which I 
belong, or to the Court ; I merely exercise a right which is secured to 
every American citizen ; a right, which I do not conceive that I forfeit- 
ed when I became a public servant. 

I feel that I have been oppressed, and the privilege of complaining is 
not denied to the meanest slave. !)• !'• 



27 



rectedto follow on by the road, leaving a guard of marines g 
pro ect the boats, under the command of Lieut. Barton We 
fhen marched to within about twenty bjttart, g«A of where 
thP marines under the command ot Lieut. Urano, were. 

?,™:a:« ***> <- g ..n S , *u*.» «. . 

v. ^ ♦« | 1P cr.iked We remained there until L.ieni. 

S,riW i— d *&, officers, who -««•<•"•** 
MSdde and the Captain of .he port. A.™" 1 ™*" 
tr took place taw*, the C"j£*£££ Alcalde. 

Finding they were so, he directed our return I ie e eive 
however, an invitation to go himself into the town.' 
went as far as led us by all the force that was collected— 

fielo piece and sixty - ™ « * £J ^ mm and 
After this we returned to the beach, w e e 

refreshments were given to the men. i*e 

boats went on board the Grampus, and saded toi the John 

h VZ any' communication made to the authorities of For- 
to Rico! previously to your entering the harbour ot r oxardo? 

to the expediSon he projected, or did any ot them express any 

^WdSlu Stf wdh any of them. From the into j 
a ,V nhsisted between Commodore Porter and myself, I 
v^lTmadeone remarks to him, as to the consequences 
th i??Jh^bS5 «S from it ; and I think he replied that 
hl in r t ons would hear him out in the course he intended 
his instr.iciui rhi voluntary suggestion 

to pursue on th e occas iu ° . in, = e ^ wish to consult 

by me, not called tor by his expre.t>iii s anj 

m Q What orders did you receive from Captain Porter, pre- 
hafe mentioned, and that 1 should take care the men were 



28 

A. They were armed with muskets, bayonets, cutlasses, 
pistols, and boarding pikes. The guns were loaded on the 
beach before we marched up. 

Q. Was any flag or communication sent to the shore before 
you landed? 

A. None. Lieut. Stribling landed with us. The boat sent 
to spike the guns on the hill went previously to our landing. 

({, Did you advance toward Foxardo before the return of 
the flag sent by Lieut Stribling, or did you remain on the 
beach till his return? 

A. We advanced before the return of the flag. 

Q. Were the guns spiked before the return of the flag? 

A \es. None were spiked after. 

Q. What orders were given by Commodore Porter to the 
officers remaining on board the vessels? 

A. I do not know. 

Q. Were the Grampus and Beagle anchored in such a situ- 
ation as to enable them to cover the landing? 

A. Yes. The Beagle certainly was; I think the Grampus also. 

Q. Was any opposition offered to your landing, or to your 
advance to the town? 

A. None. The impression was, that the force on the hill 
would, had they been able, have fired on the vessels ; but 
there was no opposition to our landing. 

Q. What time would it have required to communicate from 
your anchorage with St. John's? 

A. The distance, 1 should presume, is about 40 or 50 miles. 

Q. Is not St. John's Ihe seat of government of Porto Rico? 

A. Yes. The Governor of the Island resides there. 

Horatio N. Crabb, a Lieutenant in the Marine Corps of the 
United States, being duly sworn according to law, deposes 
and says : 

I was commanding officer of marines on board the John 
Adams, in November last. I landed at Foxardo, in the same 
boat with Lieut. Stribling, and on getting on the beach, an of- 
ficer informed me that Commodore Porter, who had previous- 
ly landed, wished to see me. My command was distributed 
in different boats. On reaching the place on the beach where 
the Commodore was, I was directed by him to form my guard, 
look for the road to the town, proceed, and take up a favoura- 
ble position ; and at the same time received very particular in- 
structions, not to suffer my men to commit any outrages upon 
the property of the inhabitants along the road ; nor to com- 
mit any act of hostility myself, unless I met with resistance, 
or was opposed on my march towards the town. After re- 



29 



oeiving these instructions, I commenced my march towards the 
town, with from twenty-four to twenty eight men, armed with 
muskets. When about halfway between the beach and the 
town, 1 discovered several persons approaching me ; following 
me with a white flag. I could not, at the time, distin- 
guish who they were, and continued my march. After a 
short time, I discovered that the bearer was Lieut. Stribling. 
on his way from the beach to the town. I halted till he came 
up; as he passed me, I observed to him that I would escort 
him into the place He answered, very well. After proceed- 
ing a short distance further, he was met by a number of per- 
sons from the town, bearing a white flag also. I was at that 
time from twenty to thirty yards behind him. Immediately 
on his reaching the spot where these persons were standing, 
I observed that Lieut. Stribling was surrounded by a number 
of armed men. After some conversation with them, of which 
I knew nothing, he sent a message to me, requesting me not 
to advance any further. I accordingly halted the men and 
rested them upon their arms. 1 was at this time from about 250 
to 300 yards from the town, perhaps less ; and observed that: 
there was a number of armed men drawn up, as I presumed, 
to prevent my troops from entering the place. They amount- 
ed perhaps to about three times as many men as 1 had, and 
had a field piece, which I presumed was a six pounder. There, 
was also a number of men mounted on horseback, who were 
armed with swords. They were at the entrance of the town. 
I remained in the position I had taken up, until the Commo- 
dore came up with a body of seamen. He halted them some 
distance in rear of my division, and came himself up to 
the ground I occupied, and directed me to wheel my men in- 
to a position which would face the Spaniards. I did so, and 
again rested them upon their arms. In the course of perhaps 
fifteen minutes, Lieut. Stribling was observed returning, ac- 
companied by the Governor of the place and a small number 
of the inhabitants. I was then directed by Commodore Por- 
ter to place my men in a situation that would occupy both sides 
of the road, and suffer none but those in attendance on the 
flag to pass me. After this he retired to where the officers were 
assembled, some distance in the rearof the marines, and there 
received the Governor or Alcalde. I know nothing of what 
occurred there, being at too great a distance to hear. In a 
short time, I observed the Governor with Commodore Porter 
and a number of the officers approaching me. The Commo- 
dore gave me orders as he passed, to put the marines in mo- 
tion and follow him into the town, which I did. After passing 
the armed Spaniards, I halted upon the outskirts of the place. 



30 

The Commodore observed to me that he had been invited in- 
to the place by the Governor, and also the men, to take some 
refreshment after the march ; but said at the same time, that 
he did not wish to bring all the men in, as he apprehended 
that some excesses might be committed which would put an 
end to the peaceable settlement of the business. He, how- 
ever, told the Governor, through the interpreter, that if re- 
freshments were sent to the beach they should be paid for. 
After that they parted, as I thought, on friendly terms, and 
we left the town and returned to the boats. 1 brought up 
the rear with the marines — a number of the inhabitants accom- 
panying us down. Refreshments were sent and distributed 
to the men. We then embarked and returned to the vessels. 
Commodore Porter, with the marines and the Alcalde, entered 
the outskirts of the place, but none proceeded further. 

The Court adjourned till to-morrow morning at half past ten 
o'clock. 

FRIDAY, May 6th. 

The Court met pursuant to the adjournment of yesterday :• 
present as before, with the exception of Capt. Porter, who 
was not present. 

Lieut. Piatt was again called. 

Q How far is the place where the John Adams was left at 
anchor, from Foxardo ? 

A. About 22 miles. 

Q. At what hour did you leave the John Adams, and at 
what hour did you arrive at Foxardo ? 

A. We left the John Adams at midnight, and arrived at half 
past 7, or half past 8. 

Q. To what nation does the Island of St. Thomas belong ? 

A. It is a Danish Island. 

Q. When you left the John Adams, at what time did you 
calculate to reach Foxardo ? 

A. The intention of the Commodore was to reach Foxardo 
at sun-rise, as he informed me. We were detained by light 
winds, and a calm. 

Q. Were the two nine pounders taken and spiked by the 
marines, or by the sailors who came up afterwards ? and de- 
scribe as near as you can their position. 

A. I was ordered by the Commodore to spike them. I in- 
formed him I had nothing to spike them with, and Mr. Pender- 
grast was then ordered to do it. The marines had passed them. 
They were placed in the road on a causeway, where the road 
was straight for about one hundred rods, and commanded that 
part of it. There were no Spaniards there at that time.— 



31 

They had abandoned them, but they had been manned on 
my first visit to the place. The guns on the hill were, I un- 
derstood, long eighteen pounders. 

Q. Were both the Grampus and Beagle anchored in a po- 
sition to cover the landing ? 

A. The Grampus was anchored off the battery, the Beagle 
in a situation to cover the landing. 

The Court adjourned till 12 o'clock to-morrow. 

The Judge Advocate informed the Court that he should 
probably be in possession of more testimony to submit to- 
morrow. 

The Court adjourned till to-morrow morning at 1 1 o'clock. 

SATURDAY, 7th Mav. 

The Court met pursuant to the adjournment of yesterday : 
present all the members of the Court, and the Judge Advo- 
cate. 

The Judge Advocate informed the Court that he had re- 
ceived a communication from the Secretary of the Navy, to 
be submitted to the Court ; which was read, annexed to the 
record, and marked ( * ) The accompanying documents were 
also read, the Court reserving all questions as to their com- 
petency and credit for future deliberation and decision. 

After reading the papers, the Court was cleared, and the 
Court proceeded to deliberate upon the papers submitted to 
it, and after having maturely considered the same, the Court 
was opened, and the Judge Advocate stated that the Court is 
©f opinion that the deposition of Lieut. Barton, dated Feb- 
ruary ( th, 1825, be annexed to the record, which is accord- 
ingly done, and the paper is marked (H.) 

In regard to the other documents, the Courtis of opinion 
that many of them are not sufficiently authenticated to au- 
thorize their reception, without an express and sufficient 
waiver of all exceptions entered on the record * That some 
of them appear to be of a confidential character, and their 

*It was the cause of extreme surprise to me, as it was to every by- 
stander, and as I have no doubt it is to the reader, that such a condi- 
tion for the admission of the documents on the record should have 
come from the Court. If the documents were proper testimony, they 
©light to have been admitted without any conditions, and if they were 
not testimony, they ought to have been rejected. As to the character 
of the documents, whether confidential or otherwise, that was an affair 
for me to consider, and not for the Court. It was one which the Court 
had nothing to do with. The reader having the documents before himj 
cau judge of the propriety of the other point of the objection, to wit; 
" that collectively they present no facts or vie W6 calculated to eiucidatt 
the subject submited to the Court.'' 

* Not in my possession. ©, P, 



32 



contents such, as without aflfecting this case, ought not to he 
exposed to the puhlic eye without necessity : and that collec- 
tively, they present no facts or views calculated to elucidate the 
subject submitted to the Court. The Court, therefore, di- 
rect the Judge Advocate to return them to the Navy De- 
partment as irrelevant. 

The Court adjourned till half past ten o'clock on Monday 
morning. 

On Monday the Court agreed upon their report, and trans- 
mitted it to the Department. 

MONDAY MORNING, May 9th, 1825. 

The Court met pursuant to the adjournment of Saturday : 
present all the members of the Court, the Judge Advocate, 
and Captain Porter. 

The Judge Advocate staled to the Court that he had no 
further testimony to submit to the Court in reference to the 
subject into which it was directed to make an investigation, 
and the other branch of inquiry having been granted at his 
solicitation. 

The Court was cleared, and proceeded to deliberate upon 
the course to be pursued, and after some time the Court was 
opened, and the Judge Advocate stated that the Court had 
determined to proceed in the business which had already 
been investigated, and to report to the Department the facts 
which have been formed in relation to it. 

The record of the proceedings of the Court having been 
read, the Court was cleared for the purpose of deliberating 
upon the report to be made to the Department. 

(The Report here comes in, of which I have no knowledge, j 

After the Report had been agreed to and signed, the Court; 
directed it to be transmitted to the Department, accompanied 
with a letter, informing the Secretary of the Navy that all the 
business which was before the Court is completed. This 
being done, the Court adjourned till to-morrow morning at 1 1 
o'clock 



To Captain Isaac Chait.vcey, President of the Court of Inquiry, 
now setting at the Navy Yard, Washington. 

I have received the letter of the Judge Advocate, trans- 
mitting the proceedings of the Court in relation to the land- 
ing of a part of the Naval Forces under the command ol 
Captain David Porter in the island of Porto Rico in Novem- 
ber last. 



33 



I am also apprized that Captain Porter has entered his pro- 
test against the competency of the Court, and declined taking 
further part in its proceedings, and that it has nothing before 
it. 

Circumstances, connected with the inquiry into the man- 
ner in which the Naval Forces of the United States, under 
the command of Captain David Porter, were employed in the 
suppression of piracy, render it expedient that that inquiry 
should not fail or be defeated, because the officer who re- 
quested it does not think proper to pursue it before this Court. 
You are therefore, hereby directed, to proceed in the inquiry 
indicated in the precept, according to its terms, notwithstand- 
ing the objections taken by Captain Porter. You will inquire 
into the manner in which the squadron under the command of 
Capt. Porter has been employed during the period of his 
command, and report to this Department the facts, and wheth- 
er the said forces have been employed in the suppression of 
piracy in the most effective manner in which they could be 
employed, in conformity with the orders and instructions 
from this Department ; or whether they have been engaged in 
objects of inferior moment, to the injury of the public service. 
All which you will transmit to this Department, to be sub- 
mitted to the President of the United States, for his consid- 
eration. 

Herewith you will receive a list of the witnesses to whom 
orders have been given to report themselves to the Court, 
and such documents as appear to be connected with the sub- 
ject of inquiry, shall be transmitted as soou as they can be 
proposed. 

Should it appear, in the progress of the investigation, that 
other testimony within the control of the Department will be 
required, it shall be furnished with as little delay as practica- 
ble. 

Given under my hand and the seal of the Navy De- 
partment of the United States, at the City of 
[seal.] Washington, this tenth day of May, in the year 
of our Lord one thousand eight hundred and 
twenty-five, and of the Independence of the 
United States the forty-ninth. 
(Signed) SAM'L L. SOUTHARD, 

B. 

Gentlemen of the Court: — Before you proceed to inves- 
tigate the subject submitted to you, allow me to make a few 
remarks on the character of the precept which authorize* 

5 



34 



your forming yourselves into a Court, and the nature of the 
duties which il imposes on 3011. 

As regards the first charge against me, submitted to your in- 
vestigation, I have nothing at present to say ; the Secretary 
of the Navy having preferred it against me, be has a perfect 
right to couch it in whatever language may appear to him most 
proper to obtain the end he has in view. The mere statement 
oflhe charge, however for< ible the terms, is no proof of my 
guilt, and it remains for me to oppose to it the proofs I have 
in my possession, sufficient, I trust, to show that my conduct 
in landing in a hostile manner on the shores of Forto Rico, 
was not only justifiable, but praiseworthy. 

It is, however, a duty I especially owe to myself and to 
others under my command, to notice the manner in which the 
second subject is submitted to your investigation, to wit ; the 
carrying of specie, &c. You will perceive that it is admitted 
in the precept, that the investigation of this subject is ordered 
at my particular request; and this being the case, it would seem 
hut just that the request should be complied with, according 
to its terms My request, as contained in my letter to the 
Secretary of the Navy of the 2d of March, is in the following 
words : 

" Having this day seen in a print several letters from Mr, 
Thomas Randall, and Mr. John Mountain, communicated 
through the State Department to Congress, and highly injuri- 
ous to the character of myself and other officers belonging to 
the West India Squadron, I have to request that an inquiry 
may be instituted to ascertain how far facts will justify their 
statements and remarks, and the injurious remarks they have 
elicited on the floor of Congress.'" 

You will perceive by a perusal of the precept, that your at- 
tention is not directed to the inquiry asked for by me : You 
find nothing said of the particular documents referred to, or 
the persons named in my application : You are not directed 
to inquire how f :r facts will justify their statements and remarks, 
and the injurious remarks they have elicited on the Jloor of Con- 
gress. You are, in fact, not directed to extend the inquiry 
so as to ascertain how far others, as well as myself, were im- 
plicated in transactions, which, iftrue, were highly disreputa- 
ble to all concerned ; but you are simply required to ascer- 
tain whether the Naval force in the West Indies and Gulf of 
Mexico were employed to the best advantage; whether it was 
not employed in the transportation of specie and in other ob- 
ject'* of inferior moment, to the neglect of the public interests. 
I beg you to compaie the charge as it stands in the precept, 
with my request, and say if you can find the slightest resem- 



33 



blance between them. I am not very particular a? to the 
manner in which this charge has been worded, but as some of 
the vessels under my command have been "employed in the 
transportation of specie and (perhaps) in other objects of infe- 
rior moment," all of which, 1 trust, my orders from the Sec- 
retary of the Navy made necessary. Your decision in the 
negative or affirmative, can therefore have no bearing on the 
innocence or guilt of myself and those under my command. 
The question, had it been submitted to you as was intend- 
ed by me, would have been simply this : has Captain Porter 
and the officers of the West India Squadron basely neglected 
their duty, and sacrificed the public interests as charged by 
Messrs Randall and Mountain; and do they deserve the stric- 
tures which have been passed on them on the floor of Con- 
gress ? 

The question, as it now stands in the precept, may require 
you to investigate the propriety of the orders issued from the 
Navy Department, but its decision can have no bearing on the 
conduct of those who acted in obedience to them. My motive 
in asking for this inquiry was for the sole purpose of justify- 
ing myself and others under my command, against the charg- 
es of Messrs. Randall and Mountain, and the illiberal remarks 
they gave rise to. I had no wish to pry into the conduct or 
motives of the Secretary of the Navy, or to implicate him by 
any investigation touching his official conduct. I have never 
doubted the propriety of the orders he gave me, nor do I 
doubt it now ; but as the question submitted to you stands, the 
result must necessarily be a decision as to their propriety ; a 
decision 1 have never asked for, and with which 1 have no- 
thing to do. To me it matters little whether the orders 1 act- 
ed under were in conformity with the laws for the suppres- 
sion of piracy or not ; it is only necessary for my justification 
to shew that 1 acted in strict obedience to the orders 1 receiv- 
ed ; let those who issued them, if there is any thing wrong in 
them, answer for the rest- 
Messrs. Randall and Mountain are understood to have said, 
that myself, and others under mv command, have neglected 
the duties which were confided to us to the discredit of the 
Navy and the nation ; to the injury of the property, and to the 
sacrifice of the lives of the citizens of the United States, for 
the sole purpose of benefitting ourselves by the transportation 
of specie. If what those gentlemen say of us is true, we are 
not only unworthy of holding commissions in the Navy, but 
are deserving the severest punishment a court martial can sen- 
tence us to receive : and if we are not guilty, we should not 
£nly be pronounced innocent, but our slanderers and calurn- 



A6 



niators should be exposed to the world as men unworthy oi 
confidence. 

It becomes then a question of character between them and 
us. If they prove their charge?, they deserve well of their 
country for exposing us, and we must sink and deservedly; if 
we acquit ourselves of them, they will no longer be worthy 
of consideration. 

The question then should have been submitted to you in 
all its bearings in strict conformity with the language of the 
request which produced the order for the inquiry ; and had 
this been done, you would have been able to have come to a 
satisfactory conclusion ; but confining yourself to the subject 
as presented to you in the precept before you, there can be no 
decision touching the points at issue between Messrs. Randall 
and Mountain, and myself and officers. 

I have taken the liberty to make these remarks at this early 
period, with the hope that you would, by applying to the Sec- 
retary of the Navy, obtain a revision or modification of the 
precept, so as to enable you to reach the object which in- 
duced me to ask the inquiry, or at least that such meiisures 
might be taken as may seem to you expedient to enable you to 
effect the purpose which caused me to make the application 
for an investigation of the truth of the charges. 

I beg the Court to be persuaded that these remarks and 
this request originate in no wish to embarrass or throw dif- 
ficulties in the way of the inquiry, but from a sincere desire 
that the accusers may have every opportunity of proving their 
charges, and the accused the advantage of rebutting them ; 
that truth may be made known, and justice obtained : the only 
end and object, it is presumed, of the investigation. 

It was not my intention to make, under any circumstances 
whatever, objections to any member who the Secretary of the 
Navy might think proper to order on this Court, and even now 
I should waive all objections, was my conduct alone the sub- 
ject of inquiry ; but since the Secretary has chosen, by the 
same precept, to submit to you charges against me, originating 
with himself, and the investigation of the conduct of myself 
and others, as asked for by me, it is a duty 1 owe to others 
to guard, by every means in my power, against a decision 
injurious to them. 

It ha? not escaped your observation, that there are two mem- 
bers of this Court junior to me. This, however, at first sight, 
may not, by many, be considered a reasonable ground of ob- 
jection, as the act for the better government of the Navy only 
requires three commissioned officers and a Judge Advocate to 
constitute a Court of Inquiry ; but 1 think it must be apparent 



37 



f hat the intention of the framers of the law was that with the 
exception of the difference of the numbers which compose 
them. Courts of Inquiry should be regulated and governed on 
the same principles as Courts Martial. 

A Court Martial may consist of from five to thirteen mem- 
bers ; but it is required that not more than one half of the mem* 
bers, if it can be avoided, shall be junior to the officer tried. 
This rule, no doubt, was intended to prevent the interested 
feelings of the junior members from operating (o the preju- 
dice of the officer to be tried ; and the same rule should in 
justice govern Courts of Inquiry. Courts of Inquiry having 
the same power to summon witnesses, administer oaths, and 
punish contempt, it was evidently the design that they should 
be similarly constituted. By every rule and principle ofjus- 
tice, the accused should be tried by disinterested jurors, orat 
Jeast a majority of them. Will it be contended that, because 
the law requires three commissioned officers to constitute a 
Court of Inquiry, that three commissioned officers from any 
of the subordinate classes would be a sufficient Court to in- 
vestigate and report on the conduct of the commander of a 
squadron ? Lieutenants, Pursers, Chaplains, Surgeons, and 
1 believe Surgeons' mates, are commissioned officers ; but 
surely it will not be asserted that a sufficient Court for the in- 
vestigation of my conduct could be formed of these classes. 
It was, therefore, evidently designed, that only such commis- 
sioned officers as may legally set on a Court Martial can set. 
on a Court of Inquiry, and that Courts of Inquiry should not 
only be similar in their organization, but also formed of the 
same materials as Courts Martial. With this view of the sub- 
ject, I feel that I should not do my duty to others, consider- 
ing the fearful odds I have to contend against, if 1 did not 
submit to the Court, whether with a majority junior to my- 
self, it can legally proceed to investigate my conduct. That 
the Court is formed agreeable to the letter of the law, I cannot 
deny, nor could I, were it formed of any of the subordinate 
classes I have mentioned. But whether it is formed accord- 
ing to its spirit and intention, and on principles of strict justice, 
is the question I beg leave to submit to you. 



C. 

(Copy.) 

Navy Yard, Washington, May 2d, 1325. 

Sir : I am instructed by the Court of Inquiry, convened 
*o investigate the conduct of Captain David Porter, to inform 



38 



you, that the Court was this daj r organized in pursuance of 
the precept in the case, and that after the members were du- 
iy sworn, Capt. Porter read to the Court a certain paper 
herewith transmitted for your consideration. You will per- 
ceive that an exception is taken to the Court itself, as not 
composed of competent members. This objection applies to 
a majority of the Court, and they consequently feel a deli- 
cacy in determining a question involving their own competen- 
cy. The Court, therefore, has deemed it correct to submit 
the questions thus raised to your determination, and to ad- 
journ the Court for the purpose of obtaining jour opinion 
before proceeding in the investigation. 
Very respectfully, your obedient servant, 

(Signed) RICHARD S. COXE, Judge Advocate. 
The Hon. Samuel L. Southard, Secretary of the Nary. 

D. 

(Copy.) 

Navy Department, 3c? .May, 1S25. 

Sir : Your letter of yesterday's date, communicating the 
paper submitted to the Court by Captain D. Porter, has 
been received. 

If it was the intention of Captain Porter to present a chal- 
lenge, or offer a specific legal exception to any member, 
the proper tribunal for its decision was the Court itself — the 
proper time was, before the members were sworn. If, as is 
presumed, he designed to complain of the manner in which 
the Court was composed, as unjust or illegal, he ought, be- 
fore the meeting of the Court, to have applied to the De- 
partment, which alone possessed the power of affording a 
remedy. A copy of the precept, stating the names of the of- 
cers who were to compose the Court, and the objects of in- 
quiry, was furnished to him on the 20th day of April last. 

As, however, you have " deemed it correct to submit the 
question raised" by Captain Porter to " my determination," 
it is proper to add, that the opinion of the Department, as to 
the legality of constituting the Court, with three captains of 
the same rank with Captain Porter, one being senior, and two 
junior to himself, was necessarily expressed in the very act 
which created and convened the Court. And no argument 
is discovered in the paper submitted, calculated to change 
that opinion. 

As it is not supposed that the Court possesses the power to 
decide on the form of the precept, the objects for which it 
should have been convened, or those into which it would be 



39 

proper to inquire, the reason and design of the comment 
which is made on the form and words ot the precept is not 
distinctly perceived, and may be totally misapprehended. 

If its form seemed incorrect to Captain Porter, or not cal- 
culated to meet the objects which he had in asking for an in- 
quiry, the Department, which alone possessed the power to 
alter the form of the precept, and change the scope of the 
investigation, ought to have been addressed on the subject. 

The President of the United States, having thought pro- 
per to order an investigation into the transactions at Foxardo, 
it was the duty of the Department so to frame the precept 
as to meet that object ; and it is believed that the Court will 
find no difficulty in comprehending what is directed on that 
point. 

The inquiry relating to some other parts of the conduct of 
Captain Porter, while commanding the squadron in the West 
Indies, was granted at his request, and was intended to be so 
general as to permit him the utmost latitude in proving what 
had been his conduct on any particular point which he might 
select ; and shewing that he was free from all just cause of 
accusation, by whomsoever made. If the words be not 
sufficiently broad to permit such an investigation, they would 
heretofore have been promptly extended, at his request, and 
no difficulty will now be made, should he 'request it, in so di- 
recting the Court as to accomplish his object. The defect on 
this point, if one exist, is not perceived. It was not 
the intention of the Department, at the suggestion or solici- 
tation of Captain Porter, to direct the Court to inquire into 
the conduct of other officers, of whose actions the Depart- 
ment saw no cause to complain ; who had not asked for any 
inquiry ; and for whom, it was not perceived, that he had any 
authority to demand it. Much less was it the intention of the 
Department, on an inquiry asked by him, to submit to the 
Court the legality or the propriety of the orders given to 
him. Nor is it believed that the precept can bear any such 
construction. With this view of the matters contained in the. 
papers submitted, the Department has only to direct, that the 
Court, constituted as it is, proceed to make the inquiry direct- 
ed by the precept. 

I am, respectfully, &.c. 

(Signed) SAML, L. SOUTHARD, 

Richard S. Coxe, Esq. 

Judge Advocate of the Naval Court of Inquiry, (it the Nary Yard 
Washington, 



40 

E. 

Gentlemen of the Court : Before proceeding to the 
examination of any witness in my defence, I must beg leave to 
enter my protest against the decision of the Secretary of the 
Navy, as regards the legality of the formation of the Court. 
A question of law and justice, on which the Court, either 
from incompetency or delicacy, are unwilling to come to a de- 
cision, should not be decided on by the officer with whom the 
illegality and injustice complained of is supposed to have ori- 
ginated. A question of the importance of the one submitted 
to you, I was impressed with a belief at the time of present- 
ing it, would be, and am still of the opinion should be, sub- 
mitted to the Attorney General of the United States, if the 
Court from any cause whs unwilling to take the responsibili- 
ty on itself. And in order that I may not be supposed to have 
given my assent to any circumstance which by any tribunal 
hereafter may be supposed to vitiate the legality of your 
proceedings, I must beg leave to decline taking any part 
whatever in this investigation, until the question 1 have sub- 
mitted to you is decided on by competent authority. A ques- 
tion, not originating in any captious disposition on my part to 
create difficulties, as it would appear from the quotations in 
the Secretary's letter, is supposed to be the case, but from 
a sincere desire f it every proceeding in the case should be 
conducted according to the strictest principles of law and 
justice. 

If an error, as is intimated, was committed in point of 
form, in the time taken to state my objection, the Court will 
no doubt recollect that the error did uot originate with me. — 
I apprized the members assembled before its formation, 
of my intention, and adopted the time suggested to me by the 
Judce Advocate. But even if an error had been committed 
by me, merely in point of form, is it just, considering all cir- 
cumstances, that the party opposed to ine should avail itself of 
this error to my disadvantage, when no intimation whatever 
of the error was made to me at any time, either by the Court 
or its law adviser. That I did not apply to the Department 
before the meeting of the Court, to remedy the evil com- 
plained of, scarcely needs an explanation — if it does, you 
have it nozv, in the decision of the Secretary. 

1 feel it due to myself in making this protest, to place on 
the record my reply to the intimation that the precept would 
have been changed on my application before the meeting of 
the Court. You have already been made acquainted with 
the language used in my application for the investigation 
sought for by me ', it is therefore unnecessary to repeat it.-— 



41 

The Secretary, in what purports to be his reply, dated oa 
the 16th of March, states as follows : 

" It has become my duty to apprize you of the determina- 
tion of the Executive, that a Court of Inquiry will be form* 
ed, as soon as circumstances will permit, to examine into the 
occurrence at Foxardo, which was the occasion of your re- 
eal, and also to comply with the request contained in your 
letter of the 8th inst." 

I must observe that I understood the Secretary to mean, by 
the letter of the 8th, my letter of the 2d, as I never made 
any request of him in any letter of that date, relating to any 
subject submitted to you Confiding in the assurance of his 
reply, I was greatly surprised at the wording of the precept, 
and I must leave you to decide, whether, after it had been is- 
sued, the Court was not the proper medium through which I 
was bound to communicate with the Secretary. 1 will fur- 
ther remark that, in the letter accompanying the precept, the 
Secretary, from some objections to the style of my letter, 
thought proper to remind me of the relation which subsists 
between me and the Department ; and not willing that offence 
should in future be taken when none was intended, or to 
incur a similar reproof, when none was deserved, I thought 
it safest on my own account, that all my communications 
should, in future, be made to you, and through you. 

Note. The words italicised and marked, were made by the Court as 
disrespectful. D. P. 



Washington, May 5th, 1825. 

Gentlemen of the Court : Having carefully perused the 
paper commented on by the Court, on account of which it 
has thought proper to pass censure, and not being able to de- 
tect in it a single expression which bears the construction the 
Court has thought proper to place on it, I cannot consent, by 
any alteration on my part, to admit, that by it any disrespect 
was intended by me, either to the Court, or the head of the 
Navy Department ; and it is the cause of great surprise to 
me that the Court should have entertained such an opinion. 

The Court having thought proper to underscore as disre- 
spectful, the word incompetency , as used by me in relation to 
it, I beg to state distinctly, that the word was not used 
in regard to intellectual incompetency, and in no other sense 
could it be offensive ; but with respect to its legal incompeten- 
cy, (in the opposite sense in which the Court itself applied 

6 



42 



the werd competency) which was supposed to be admitted 
when the subject was referred to the Secretary for his deci- 
sion. Delicacy I did not conceive to be the only motive for 
the course taken by the Court, as I did not believe it a suf- 
ficient and satisfactory one ; being under the impression that it 
was the duty of every officer to perform the service confid- 
ed to him, however delicate, provided it be legal. 

The declining to make a decision on my first application, 
and referring the subject to the Secretary of the Navy, was, 
as I supposed, an admission of the incompetency of the Court 
to decide, or a voluntary relinquishment of its right, if it pos- 
sessed it, — a right which I am of opinion the Court cannot 
again resume, after the opinion of the Secretary is at its re- 
quest made known. If the Court had the right to decide in 
the (irst instance, no delicacy should have prevented its deci- 
sion ; but, relinquishing its right, I am under the impression 
it cannot resume it to decide now as to its legality, and I cannot 
acquiesce either in a power to decide, the propriety of the de- 
cision it has come to, or the rule it has established with regard 
to the course it has thought proper to adopt toward me. If I 
am not permitted to appear before the Court on terms of perfect 
equality with my accusers, whoever they be, and to de- 
fend myself in the way which may appear to me the most 
proper, (always observing due respect to the Court and the 
Secretary,) i must in justice to myself decline offering any 
defence which may be liable to be weakened by an interposi- 
tion on the part of this or of any other tribunal. 

With this remark, 1 beg leave to adhere to the determina- 
tion expressed in the paper on which the Court has animad- 
verted with so much, and I think, with such undeserved se- 
verity. 

I have the honour to return to the Court a copy of the pa- 
per commented on, underscored, and marked by it as objec- 
tionable ; together with a copy as it was submitted by me to 
the Court. 

1 have the honour to be. with sentiments of the highest re- 
spect, the Courts very obedient servant, 

D. PORTER. 
The President and Members of (he Court of Inquiry now in session 



13 



DOCUMENTS. 



(Copy.) No " 1 - 

V. S. Ship Joh» Adams, Passage Island, Xavember 1WM«»- 
Sir ■ I have the honour to inform you that, on my arrival at 

*tS«t- th. outrage, which have so repeatedly been 

SSh r,n7 Dallas and part of his offlcers, seamen and ma- 
with Capt Dallas an a p Fox . lrd0i wh ere, finding pu- 

rines proceeded t the port 01 r on g 

f STp™So\nd re :a"reI r «o spike the. /n,,, which 

ioundtnem jh f intentions of visiting the 

Xce" I halted aboTpttol sho/from their forces drawn up 
P t L n, t sk irts of the town, and sent in a flag requiring the 
E^££»TwHhth; Captain of the port the ; prmci- 

$ offender., to come to me to make a— . or ^ 
rage giving them one hour to deliberate. I hey appeared 
SSXAy, and after begging pardon (in the presence of all 
?he office™ of the officer who had been insulted and expressing 
^^to^ I permitted th«* to return to the town, on 
fhefr promising 'to respect all American officers who may visit 

th We^ e n ft r e eturned to the vessels and left the harbour, after 



44 



being at anchor three hours. As we were getting under 

rwH.; a fl nUmbe , r v 0fl)erSOnSappeared 0n the "^bearing 
a white flag, and having with them some bullocks and a num. 
her of horses apparently laden, no doubt a present from the 
sendee 68 **"* "^ **' infora >ed me they should 

There is no doubt that our persons and our tW will bo 

E£K£££" ,a " r ' than they have been b * *—*»*■ 

Every officer and man on this occasion, conducted themselves 
in a manner to meet my entire approbation. 
I have the honour to be your obedient servant, 

(Signed) D. PORTER. 

Hon. Secretary of the JVavv. 

(Copy) No. 2. 

U. S. Ship John Adams, Thompson's Island, January 1st, 1825. 
biR : I have the honour to transmit you copies of the state, 
ments made to me, which induced me to take the step Id id 
as regards the Spanish authorit.es at Foxardo ? ' 

I have the honour to be, your obedient servant 

(Signed) D# PORTER. 

Hon. Sam'l L. Southard. 

( c "py) No. 3. 

U. S. Schooner Beagle, St. Thomas's, \Uh JVbcV, 1824 

e*\ni [ * At |i- '" th f m ° rninfi ° f the 26th of October last, I re- 
ceived intelligence that the American Consul's store had I^en 
forcibly entered on the preceding night, and robbed of goods 
to the amount of $5000. With this report, the American* on- 
sul requested me, provided it would prove consistent with my 

rUnT ° "I !\ V eS l ° f th08e ' whom h vvas apposed had 
clandestinely left the harbour the night preceding in a small 

boat and generally believed by those acquainted in St Tho- 

? B ToVVol%r o ? Mdedl0thep0rt0fFOMri °» 0n the « 

I directly gave the necessary orders to prepare for sea. 

Having received a good pilot on board, I was enabled by noon 

to proceed in quest of the marauders. Standing along the 

B,v boarded her, and received information of a piratical sloop 
ngged boat to leeward, that had been for some time past in- 
festing the coast. This information induced me to alter mv 
course and steer for the west end of Crabb Island. At 10 



45 

A. M. discovered a sloop beating to windward, and the small 
sloop rigged boat standing from the land : at 10 50 tired a shot 
to bring the sloop to ; at 10 55 fired again, she hove about and 
stood for the land ; spoke the sloop— from St. Croix, bound 
to St. Thomas— made all sail for the sloop boat, which lun 
into Bay, and her crew abandoned her : at 1 1 15 came to, 

and took possession of the deserted boat ; at 11 45 made sail, 
and stood for the S. E. end of Porto Rico, and at sunset came 
to in the harbour of port Foxardo. 

On the morning of the 27th, a creole visited me from shore, 
who bore an invitation from the Commandant to me to visit 
him. At 7 A. M. in company with Lieut. Ritchie, the pilot, 
and the Consul's clerk, I landed. For our better success, we 
appeared in the character of citizens. On mv reaching the 
shore, the register of my vessel was demanded ; 1 explained 
the object of my visit and the policy of appearing in disguise ; 
this, however, proved of no avail ; I was not allowed to pro- 
ceed to Foxardo. Supposing that the person who made 
these demands had no authority to detain me, I, in company 
with Lieut. Ritchie, proceeded to the port of Foxardo, and ex- 
plained, in the most satisiactory manner to the Captain of the 
port, the object of my visit, and produced a private letter from 
Mr. Cabot, American Consul, to a merchant in that place, in 
relation to the service in which we were engaged. Having 
observed the necessary forms and ceremonies Vith regard to 
the Captain of the port, we then waited upon the Alcalde, and 
further acquainted him with our mission, &c, who proffered 
us every assistance. Having made a few inquiries in some 
of the retail stores which had an immediate tendency to brin^ 
to light any who may have been engaged in this traffic, we 
received a positive order to repair to the Alcalde's hou«e, 
where we were also received by the Captain of the port, who 
damn'd us as pirates, and requesting of me register, papers, 
&c. 1 stated I possessed no register, I carried no papers, 
other than my commission, and that of my officers. We were 
seized as culprits and conveyed to prison. To satisfy them 
of my real character, of which they pretended they had no 
positive proof. I consented, though repugnant to my feelings, 
to have my commission sent me ; after its production, they 
declared it a forgery, and again remanded us to prison, declar- 
ing he would not release us until he had heard from St. John's. 
I then demanded to know what was further required? the re- 
ply was, " Your appointment as Lieutenant Commandant of 
that vessel is what you must produce." 1 at first hesitated, 
and would not comply, but not wishing on my part to commit 
any action which might have a tendency to disturb the harmo- 



46 

oy existing between the respective governments, I prefaced 
my appointment as Lieutenant Commandant. A council of 
officers was called with other citizens of the place, who, after 
having heaped upon us the most shameful outrages, permit- 
ted us to depart on board. 

I have the honour to be, respectfully, your ob'dt servant, 
(Signed) CHARLES T PLATT. 

Lieut. Com^dt. U. S. Schooner Beagle. 
ToCommo'e David Porter, U. S. .TV. 



(Copy) No. 4. 

St. Thomas, \2th Nov. 1824. 

SrR : I have the honour to inform you that the store of Ca- 
bot, Baily & Co. was broken open on the night of the 24th 
ult. and property to a considerable amount stolen ; and hav- 
ing strong reasons to believe that the robbery was committed 
by a gang of thieves who harbour in the island of Porto Ri- 
co, 1 communicated the same to Capt. Piatt, of the U. S. 
schooner Beagle, who very promptly offered to go there in 
pursuit of them, and started for Foxardo on the morning of 
the 25th, with a pilot which I furnished him, and a young man 
from the counting house, with a description of the goods, and 
a letter of introduction to Mr. Juan Campos, from one of the 
most respectable houses in this place, and well known in that 
quarter. The manner in which Capt. Piatt was received and 
treated, has no doubt been communicated to you by him. 

I beg leave to enclose a letter from Messrs Bergeest k 
Uhlhorn, confirming the facts of the late robberies in this Is- 
land, having in most instances been traced to the quarter of 
Porto Rico, where Capt. Piatt went. 

I have the honour to be, sir, your most obedient servant, 

STEPHEN CABOT, 
U. S. V. Consular Agent.. 
To Commo'e David Porter. 



(Copy) No. 5. 

Sir : At the request of our friend Mr. Stephen Cabot, we 
beg leave to state to you some facts relative to the robberies 
lately committed in this Island. 

Our own store, and amongst others, those of our neigh- 
bours, Messrs. Ellis, Gibson & Co. Jno. Kettell, Esq. Robert 
Alexander, Esq. Saubot Joubert & Co. were forcibly broken 
open, property to a very large amount stolen, and a consid- 
erable part of the goods traced to Naguabo, near .Foxardo : 



47 

in consequence of which, and the circumstance that about ten 
days previous to the robbery committed in the store of Messrs. 
Cabot, Baily & Co. a gang of desperate thieves made their es- 
cape from the prison at the city of Puertorico, as also that ev- 
ery search had been made here on shore, as well as in the 
harbour, and nothing discovered, except that the goods stolen 
had been carried off by the sea-side, induced us to recom- 
mend to those gentlemen sending down a person to Foxardo, 
as being probable the means of tracing the robbers. 

Desirous of assisting our friends, Messrs. Cabot, Bai'y & 
Co. in this object, we gave one of their clerks, and who, we 
understood, was to go down to the U. S. schooner Beagle, a 
letter of recommendation to our friend, Mr. Juan Campos, in 
Foxardo, who had on former occasions of the same nature, 
been the means of discovering the property and perpetrators, 
namely, in the case of Messrs. Ellis, Gibson &. Co. and our 
own. 

We have the honour to be, with sentiments of the highest 
regard, Sir, your obedient humble servants, 

BERGEEST & UHLHORN, 

Si. Thomas, 11th November, 1824. 

To Coraruo'e David Porter. 



(Copy) No. 6. 

Navy Department, 21th Dec. 1824. 

Sir : Your letter of the 15th November last relating to the 
extraordinary transactions at Foxardo, in the Island of Porto 
Rico, on the of that month; has been received and con- 

sidered. It is not intended, at this time, to pronounce an 
opinion on the propriety of those transactions on your part, 
but their importance demands for them a full investigation ; 
and you will proceed, without unnecessary delay to this 
place, to furnish such explanations as may be required, of ev- 
ery thing connected with their cause, origin, progress and 
termination. For that purpose you will bring with you those 
officers whose testimony is necessary, particularly Lt. Piatt, 
and such written evidence as you may suppose useful. 

You will return in such convenient vessel as may be best 
spared from the squadron, and on your leaving the station, 
you will deliver the command to Captain Warrington, with all 
such papers, instructions, and information, as may be useful 
to enable him ia the most, effectual manner to arcomplish al) 



48 

the objects for which the vessels now under your command 
were placed there. 
I am, very respectfully, &c. 

SAM'L L. SOUTHARD. 
Commo'e David Porter, Commanding U. S. Naval Forces, 
West Indies, Gulf of Mexico, i%c. 



(Copy) 
Navy Department, 20th December, 1824. 

Sir : I have thought proper to relieve Captain Porter. — 
You will proceed to the Constellation, if ready, if not ready, 
in the Shark, with all despatch to Thompson's Island, and 
if Captain Porter be not there, to such place as you may 
be iuduced to believe you will be most likely to find him. If 
on your passage to Thompson's Island, you receive informa- 
tion where he is, you are at liberty to change your route ; 
the object being to find him as early as possible. 

You will deliver the letter directed to him, and on his leav- 
ing the station, receive from him the command of the squad- 
ron with such papers and instructions as he may furnish. You 
have enclosed copy of the original orders to Captain Porter, 
dated 1st Feb. 1823, with extracts from others. You will 
take them for your guide, and follow their directions. It is 
confidently expected that you will exhibit zeal, caution, and 
perseverance, in discharge of your duties. 

I am, verv respectfully, 

(Signed) SAM'L L. SOUTHARD. 

Capt. Lewis Warrington, Norfolk, Fa. 



(Copy) 
U. S. Ship John Adams, Thompsons Island, Jan. 30th, 1825. 

Sir : I have the honour to acknowledge the receipt of your 
orders of the 27th ult. informing me of your reception of 
mine of the 15th of Nov. relating to what you have been 
pleased to term " the extraordinary transactions at Foxardo," 
and recalling me from my command for a full investigation of 
my conduct in that affair. 

Agreeable to your orders, I shall leave this place for Wash- 
ington " without unnecessary delay," and have taken mea- 
sures to obtain all the testimony necessary, and such written 
evidence as I suppose useful : and on my arrival in the Uni- 
ted States, shall hold myself ready to justify my conduct in 
every particular, not only by the laws of nations and of na- 



49 



ture, and by highly approved precedent, but, if necessary, 
by the orders of the Secretary of the Navy. 

To use the emphatic language of Mr. Adams, " By all the 
laws of neutrality and war, as well as of prudence and hu- 
manity," I was warranted in chastising and intimidating the 
authorities of a place who had not only become the allies and 
protectors of outlaws and pirates, but our active enemies by 
the imprisonment and forcible detention of an American offi- 
cer, while in the performance of his duties. '* There will 
need," continues Mr. Adams," no citation from printed trea- 
ties on international law, to prove the correctness of this 
principle. It is engraved in adamant on the common sense 
of mankind ; no writer upon the laws of nations ever pre- 
tended to contradict it ; none of any reputation or authority 
ever omitted to insert it." I am willing, sir, to submit my 
conduct in this affair to the strictest investigation, and if 1 
cannot fully justify it, I shall cheerfully submit to the severest 
punishment that can be inflicted ; but if it shall appear that 
the motives which influenced me were founded in patriotism, 
that the necessity for my conduct really existed, and that "• my 
vindication is written in every page of the law of nations, as well 
as the first law of nature, self-defence," 1 shall then hope that 
atonement will be made for this forcible withdrawal for an al- 
leged offence, from my command, by restoring me to my for- 
mer station, and allowing me to retire from it in a manner 
more honourable to myself and my country, and less injuri- 
ous to my feelings and character. 

This, sir, will be an act of justice that I hope will not be 
denied to me. 

I have the honour to be, with great respect, your obedient 
servant, 

(Signed) D. PORTER. 

Hon. Samuel L. Southard, Secretary of the Navy. 



(Copy) 

Washington, March 1st, 182J. 

Sir : I have the honour to inform you, that in obedience to 
your orders, I have come to this place, and 1 now await your 
further directions. 

With great respect, your obedient servant, 

(Signed) D. PORTER 

Hon. Samuel L. Southarp 



50 



H. 

(Copy) 

Marine Barracks, 
Allenton, 77wmpso7t>s Island, Feb. 6th, 1825. 

I, Thomas B. Barton, first lieutenant of Marines, in the 
service of the United States, and commanding the Marines on 
this station, do make the following statement of facts in rela- 
tion to the proceedings of Commodore David Porter, com- 
mander in chief of the naval forces of the United States, in 
the West Indies, &c. at Foxardo, in the Island of Porto Rico, 
in the month of November, 1824. 

The U. S. schooner Grampus, bearing the broad pendant 
of Commodore Porter, with the U. S. schooner Beagle in 
company, arrived in the harbour of Foxardo on the 14th of No- 
vember, 1 824, about 8 o'clock, A. M. I was a passenger in the 
Grampus. Both vessels entered the harbour with the U. S. 
ensign displayed. We had scarcely let go our anchor, which 
was done directly opposite a two gun battery on the summit 
of a hill, elevated perhaps eighty feet above the level of the 
ocean, when I perceived twenty or more men in the battery, 
loading and training the guns in the direction of the Gram- 
pus. I soon after received orders through Lieut. Sloat, Com- 
mandant of the schooner, to be in readiness to command the 
Marine guard attached to her, fourteen in number, and to 
proceed in the launch, the largest boat of the Grampus, with 
Lieut. Pendergrast, her first lieutenant. The latter officer 
received the following ordprs in substance from Commodore 
Porter, in my presence. To proceed in the direction of the 
two gun batterv, directly opposite, and land the men under his 
command at as little hazard as possible — to take the battery, 
spike the guns, and destroy the ammunition ; and then pursue 
the direction of the main body, under the command of the 
Commodore in person. Lieutenant Pendergrast was partic- 
ularly ordered not to fire a gun, unless he met with resis- 
tance ; and not to permit the men to commit any depredation 
upon persons or propertv. We then pulled off from the 
Grampus, in a direction for the battery, and perceiving that 
they were training their guns, one to bear on the Grampus, 
and one on our launch, we made the best of our way to effect 
a landing in the rear of the fort, which we succeeded in 
doing in so short a space of time, that they could not 
bring the gun to bear on us, which they were using every 
exertion to do. 

Having succeeded in landing in rear of the battery, we 
mounted the hill with muskets, pistols, and cutlasses, and dis- 



51 



covered the works to be that moment deserted by the Span- 
iards. We took quiet possession, and found two long eighteen 
pounders, one of them charged with a cartridge of powder, 
a round shot, and a cannister filled with grape shot, musket 
balls, and spikes, the gun primed, and a lighted match placed 
near it. The other gun was partly charged, but was desert- 
ed before the loading of her was completed. Agreeably to 
orders we spiked the guns with files ; and finding one or two 
charges of powder, and a cannister with grape, musket balls, 
and spikes, along side one of the guns, the ammunition was 
destroyed. After having secured the battery conformably to 
orders, we re-embarked in our launch, and proceeded in the 
direction of the main body, which had landed near the road 
leading to the town of Foxardo. After we reached the 
landing, I was ordered by Commodore Porter to remain with 
a guard under my command, to protect the boats during his 
absence with the main body; and I was particularly ordered 
to permit no man of my guard, upon any consideration, to 
commit depredations upon the inhabitants or their property ; 
which order was obeyed. 

(Signed) THOS. B. BARTON, 

Lt. Com. Marines. 
Sworn before me this 7th of February, 1825. 

(Signed) JNO R. MIFFLIN, 

A Justice of the Peace in and for the Count]/ Monroe, Territory cj 
Florida. 



An act to continue in force " An act to protect the commerce of the 
United States, and punish the crime of piracy," and also to make 
further provision for punishing the crime of pirac)'. 

Sec 3. And be it further enacted, That if any person shall, 
upon the high seas, or in any open road-stead, or in any ha- 
ven, basin, or bay, or in any river, where the sea ebbs and 
flows, commit the crime of robbery, in or upon any ship or 
vessel, or upon any of the ship's company of any ship or 
vessel, or the lading thereof, such person shall be adjudged 
to be a pirate; and being thereof convicted before the Cir- 
cuit Court of the United States for the District into which he 
shall be brought, or in which he shall be found, shall suffer 
death. And if any person engaged in any piratical cruize or 
enterprize, or being of the crew or ship's company, of any 
piratical ship or vessel, shall land from such ship or vessel, 
and on shore shall commit robbery, such person shall be ad- 
judged a pirate, and on conviction thereof before the Circuit 
Court of the United States for the district into which he shall 
be brought, or in which be shall be found, Khali suffer 



52 



death : Provided, That nothing in this section contained shall 
be construed to deprive any particular state of its jurisdic- 
tion over such offences, when committed within the body of 
a county, or authorize the Courts ot the United States 
to try any such offenders, after conviction or acquittance 
for the same offence, in a State Court. 

H. CLAY, 
Speaker of the Hovse of Representatives. 
JOHN GAILLARD, 
President of the Senate, pro tempore. 
Washington, May 15, 1820. Approved, 

JAMES MONROE. 



53 



DEFENCE. 



Having been displaced from my command, by order of the 
Secretary of the Navy, to furnish such explanations as may be 
required of every thing connected with the cause, origin, pro- 
gress, and termination, of my " transactions " at Foxardo : I 
must refer to the letters of Lieut. Piatt, Mr. S. Cabot, and Mr. 
Bergeest, for the origin ; to my letter to the Governor of Fox- 
ardo, and my official report to the Secretary of the Navy, for 
the progress and termination ; and to the following explanation 
for the cause. 

I rest my justification on the Laws of Nations and of Nature, 
highly approved precedents, and the orders of the Secretarj^ 
of the Navy. 

I shall show, in the order I have placed them, how far I am 
justified on each of those grounds, and trust that I shall not 
only fully acquit myself of any charge of wickedness, wanton- 
ness, rashness, or indiscretion, but prove that I should have 
failed in my duty to my county, had I not punished, by in- 
timidation or otherwise, the people and government of Foxardo. 

It is not, nor can it be, denied, that pirates are considered 
by the Laws of Nations, the enemies of the human race ; and 
this being the case, it is the duty of all Nations to put them 
down. In the case of pirates, then, there are no neutrals, it be- 
ing the duty of all Nations to put them down, all Nations are al- 
lies against them. In the case of belligerents, where the ar- 
my of one party enters the territory of a neutral power, the 
army of the other has a right to follow it there ; and the 
right is strengthened if the pursuing army follow its enemy 
into the territory of an ally. This is the doctrine contained in 
my instructions. 

Spain, and the. dependencies of Spain, are as much bound 
as any others in the alliance for the suppression of piracy, and 
if she fails in her obligation, she is responsible for the omis- 
sion, and must necessarily suffer the inconveniences resulting 
from the endeavours of others to put down the system, among 
which are the destruction of fishermen's houses and boats on 
the coasts of the islands frequented by pirates, the seizure of 
suspicious vessels and persons, and the alarm and damage 
done in fresh pursuit. 



54 



Of these she has no right to complain, if she makes no effort 
of her own to put down piracy, and heretofore never has com- 
plained, even when considerable efforts of her own have been 
made. If then, as the ally of Spain, we have a right to land 
on. her shores ; and having a right to land there, have a right 
also to all her " countenance and support." What follows 
if the right is denied to us ? If so far from giving us counte- 
nance and support, piracy is aided and abetted, an asylum is 
offered to pirates, and those who land in pursuit are seized 
and imprisoned, does not the Nation, City, Town, or People, 
who thus make common cause with pirates, lose all respect for 
their own character ? forfeit all the respect of others ? abandon 
the advantage of the common alliance ? and become, not only 
the allies of pirates, but our open and active enemies, and jus- 
tify us treating them as such ? As enemies then, we have 
the certain and undoubted right to land, pursue, chastise, and 
intimidate them ; and the principle is the same, whether they 
are the inhabitants of a fishing hut, of a town, a city, a pro- 
vince, or a nation. The magnitude of the object makes no 
change in the principle ; and what is justifiable in one case, is 
justifiable in the other : territorial immunity is as much inva- 
ded and violated by the burning of a hut, as by desolating a 
province. The punishment in either case, must, of course, 
depend on circumstances, and the means of him who has it in 
charge to suppress piracy. 

The people and authorities of Foxardo, by the imprison* 
ment of an American officer in pursuit of pirates, lost all res- 
pect for their own character, by becoming, not only the allies 
of pirates, but our open enemies, and of course, were not on- 
ly not entitled to any respect from me, but laid themselves 
liable to chastisement, in the event of my means justifying the 
enterprise, which the first law of nature, self preservation, 
loudly called on me to undertake, for fear their example should 
become contagious, and much inconvenience and bloodshed 
should be the consequence. 

The officers under my command have often been employed 
on duty similar to that of Lieut. Piatt, by my order : the or- 
ders given by me to them, have, in every instance, been in 
strict conformity with those of the Secretary of the Navy ; and 
they have the same right to my protection in their execution, 
as I conceive I have to that of the Secretary of the Navy. — 
Without the assurance of this right, where is the officer, let 
me ask, who would be willing to execute the orders of his su- 
perior ? 

Acting on this principle, which is in accordance with com- 
mon sense and justice, I undertook the enterprise to chastise 



53 



and intimidate the authorities of a town, who had forfeited 
their character as allies to us, by becoming the allies of pi- 
rates and our open enemies ; as much to prevent a repetition 
of the offence they had committed, as to assure those under 
my command that they should receive every countenance, 
support, and protection from me, in the performance of their 
lawful duties, and by that means encourage them to make lau- 
dable efforts to effect the objects for which the expedition to 
suppress piracy was fitted out. The manner of my perform- 
ing this duty, I trust, needs no apology ; it was done in a way 
best calculated to prevent an effusion of blood, and to secure 
the innocent inhabitants from injury : the object was effected 
in a manner not only to satisfy the officers and men under my 
command, that redress under such injuries was certain, but 
the people of Foxardo also, and others similarly situated, that 
numbers and distance were no security to them. 

The. spiking of their guns was a matter of necessity. Had 
I not done so, there can be no doubt that some of us would 
have shared the fate of Lieut. Cocke, who was killed from 
the batteries of St. Johns, the capital of the same Island in 
which Foxardo is situated, at a time when the character of 
the expedition and its object were both known to its Chief, 
for which outrage no redress has yet been obtained, and 
which the strength of the place, and the weakness of the 
force under my command, prevented my seeking, forcibly, at 
the time it was committed. 

It is almost useless to quote from writers on international 
law to support the principles I have stated to have guided me 
in my conduct in relation to the affair of Foxardo ; but having 
said that I have acted in conformity to the laws of nations, it may 
be expected that I should by good authority support my as- 
sertion. 

Vattel is an author frequently quoted, and his authority may 
be deemed a sufficient guide for one who has all his life been 
engaged in other pursuits than the study of international law, 
and has been more frequently placed in emergencies, when 
he has been under the necessity of resorting to the resources 
of his own mind, than afforded the opportunity of referring 
to Books as his guide. 

By a reference to Book 3d, chap. 6th, sec 94, of Vattel, it 
is stated that " every associate of my enemy is indeed himself 
my enemy ; it matters little whether any one makes war on 
me directly and in his own name, or under the auspices ofanoth- 
er ; whatever rights war gives me against my principal ene- 
mv, the like it gives me against all h'rs associates ? " On this 



56 



principle then, the authorities and people of Foxardo he- 
came my enemies by associating with my enemies ; and 
whatever right war gave me against the pirates, it gave me 
against Foxardo; and having this right, I should have heen 
perfectly justifiable in making good my threat to burn the 
town, if it had not been ransomed by suitable concessions, and 
a promise, on the part of the authorities, to pursue in future, 
a different course from the one that caused my visit 
there. 

As the allies of Spain against the common enemy, we had 
aright to its countenance and support, to the extent of its 
means, in pursuit of pirates ; we had a right, as allies, 10 
cross the territorial boundaries of Spain to pursue them ; and 
in doing so, there was no cause for offence on the part ot 
Spain, the object being lawful and usual, and resistance 
therefore, to the exercise of this right, became an offence on 
the part of Spain, and an injury to us, of which we have a 
right to complain, and to obtain redress. 

Vattel, Book 2nd, ch. 2d, sec. 19th, says, " Nothing is more 
opposite to the duties of humanit}', nor more contrary to the 
.-society which should be cultivated by nations, than offences, 
or actions which give a just displeasure to others ; every na- 
tion, therefore, should avoid giving any real offence — 1 say a 
real ; for, should he who manifests a displeasure at our be- 
haviour, when we are only using our rights, or fulfilling our 
duties, he is to blame, not we." 

According to Vattel, not only Foxardo — not only Porto 
Rico ; but Spain herself, is answerable for the conduct of her 
subjects ; and, if she fails to restrain their mischievous and 
base attempts, lays herself liable to the same punishment as 
those who did the injury, and it is the duty of all nations to 
unite in treating her as the common enemy of mankind. For 
years past we have been suffering under the injuries we have 
received from the people and authorities of Porto Rico, and 
no redress has been obtained from the mother country ; 
more perhaps from inability to restrain and controul her co- 
lonies, than from any want of will on her part to do us jus- 
tice. Porto Rico must, therefore, be considered in a mea- 
sure, independent of Spain, so far that Spain cannot, or will 
not, prevent a repetition of the injuries which have been the 
subject of complaint from us. We therefore have a right to 
use the means we have of obtaining redress or of inflicting 
punishment on her for injuries, atonement for which is with- 
held from us; and it is the duty of all nations to unite with us, 
to treat the people of Porto Rico as the enemies of the human 
race. Vattel, Book 2nd, ch. 6th, sec. 73. " In short, there 



57 



is another case, where the nation in general is guilty of the 
base attempt of its members. This is when, by its manners 
or the maxims of its government, it accustoms and authorizes 
its citizens to plunder and use ill foreigners indifferently, or 
to make inroads into the neighbouring countries, &c. Thus 
the nation of the Usbecks is guilty of all the robberies com- 
mitted by the individuals of which it is composed. The 
Princes, whose subjects are robbed and massacreed, and 
whose lands are infested by these robbers, may justly punish 
the entire nation. What do I say ? — all nations have a right 
to enter into a league against such a people, to repress them, 
and to treat them us the common enemies of the human 
race." 

A nation or people then, known to be of a base and mis- 
chievous character, who have been in the frequent habit of 
making injurious attempts, such as the Barhary Powers, and 
the people, and authorities of Porto Rico, and who by policy, 
manners, or maxims of government, encourages, accustoms, 
and authorizes its citizens to depredate on the property of 
others, not only justifies reprisal, but authorizes the nations 
injured by them to provide for their own security by punish- 
ing the offender ; by inflicting a punishment on him calcula- 
ted to deter him from like attempts, and deterring others. 
It has a right to use every honest attempt to prevent evil 
to itself, even by anticipating the machinations of the people 
or power engaged in opposition to its interests, and put 
him out of the condition to injure it. 

The following quotation is so full on the subject, that I 
deem it unnecessary to offer any thing more in justification 
and in support of the principles adopted by myself, except to 
show that, what a nation may do, may be done, and has often 
been done, by individuals, acting on the presumed wishes of 
the government to which they belong. 

Vattel, Book 2nd, chap. 4th, sec. 56. " It is safest to pre- 
vent the evil when it can be done. A nation has a right to 
resist an injurious attempt, and to make use of force and eve- 
ry honest means against the power that is actually engaged 
in opposition to it, and even to anticipate its machinations, al- 
ways observing not to attack it upon vague and uncertain sus- 
picions, in order to avoid exposing itself to become an unjust 
aggressor. When the evil is done, the same right of secu- 
rity authorizes the offended to endeavour to obtain a com- 
plete reparation, and, if necessary, to employ force for that 
purpose." 

" In short, the offended has a right to provide for his se- 
curity for the future, and to punish the offender by inflicting 



58 

en hitn a pain capable of deterring him afterwards from the 
like attempts, and of intimidating those who shall be tempted 
to imitate him. He may even, if necessary, put the aggressor 
out of the condition to injure him. He makes use of his 
right in all these measures, when guided by reason ; and, if 
any evil results from it to him who lays him under the neces- 
sity of acting thus, he can accuse none but his own injus- 
tice." 

" If, then, there is any where, a nation of a restless and 
mischievous disposition, always ready to injure others, to 
traverse their designs, and to raise domestic troubles, it is 
not to be doubted, that all have a right to join, in order to 
repress, chastise, and put it ever after out of its power to in- 
jure them." 

In book 3d, chap. 15th, sec. 228, Vattel la)S it down as a 
general principle, u That there are occasions when the sub- 
ject may reasonably suppose the sovereign's will, and act in 
consequence of his tacit commands." It was this principle 
that authorized and justified Commodore Dale to commence 
hostilities against the Tripolitans, in 1801, when it was be- 
lieved that war was intended by them ; neither Commodore 
Dale nor Captain Sterret, the officer who made the first cap- 
ture, were censured, but to the contrary were highly ap- 
plauded ; and the latter received the thanks of Congress, 
and a sword, although at the time, war had not been declared 
against Tripoli. It was this principle that authorized and 
justified Commodore Rodgers in blockading the port of Tu- 
nis, and forcing the Bey to terms, and afterwards drawing his 
ships up before the batteries of Tangier, and threatening 
hostilities to the Emperor of Morocco, in the year 1805. It 
also authorized and justified Commodore Decatur, in threat- 
ening hostilities to the Bey of Tunis, and the Bashaw of Tri- 
poli, in the year 1815, and forcing them to restore large 
amounts of money, taken from our citizens. Neither of 
these officers were censured for conduct which they believed 
to be in accordance with the wishes of the nation, although 
the United States had not declared war against those powers. 

It is this principle that authorizes and justifies the officers 
commanding troops on our distant frontiers, to commence 
hostilities against the Indian tribes, without declaration of 
war on the part of the nation. They act, in all cases, on its 
presumed wishes, and we know of no instance of censure. 

It was this principle that authorized and justified General 
•ackson, without orders, to take possession of Fort St. Marks, 
and afterwards Pensacola, and to issue orders for the de- 
struction of the Negro Fort, on the Suwannee. The intere.-i 



of our country, the safety of its citizens, the repose of our 
frontier, required that he should do so. He acted on the 
supposed will of the nation ; and, so far from being censured, 
he has been rewarded with the support of the government, 
and the applause of his country. In not one of the cases 
cited, it is believed, had the officers any instructions what- 
ever, that authorized the act. 

In the case of General Jackson, it is expressly stated by 
Mr. Adams, in his correspondence with Mr. Forsyth, that 
the occupation of these places in Florida, by General Jack- 
son, " was not by any order received by him from the go- 
vernment to that etfect, nor with any view of wresting the 
province from the possession of Spain, nor in any spirit of 
hostility to the Spanish Government : that it arose from inci- 
dents which arose in the prosecution of the war against the 
Indians ; from the imminent danger in which the Fort of St. 
Marks was of being seized by the Indians themselves, and 
from the manifestations of hostility to the United States by 
the Commandant of St. Marks, and the Governor of Pensaco- 
la, the proofs of which were made known to General Jackson, 
and impelled him, from the necessity of self defence, to the 
step of which the Spanish Government complains." 

I shall now proceed to point out the resemblance between 
General Jackson's case and mine ; and doubt not but it will 
be agreed, that the magnitude of the scale of his operation, 
and the comparative insignificance of mine, do not change the 
principle ; for, should this be the case, I am tenfold crimi- 
nal, in the numerous fishing huts I have destroyed on the 
coast3 of Cuba. For. to say that I am justified in destroying 
fishing huts for harbouring pirates, but not to threaten the 
destruction of a town for the same offence ; while General 
Jackson, for the same reason, is justified in possessing him- 
self of a province, is preposterous. .1 have shown before, 
that the same reasons that justifies acting in the one case, 
Would justify acting in the other. That the destruction of 
the numerous fishing establishments, and the breaking them 
tip, almost entirely, on the coast of Cuba, when suspected of 
giving shelter to the common enemy, has never been consi- 
dered a violation ot territory, I have proofs, in the acknow- 
ledgment of the Captain General, a very short time before 
leaving the West Indies, to account for the transactions of 
Foxardo 5 he expresses himself as follows : 

*• 1 regret, very sensibly, that you are about to retire from 
the command of the United States' forces in these seas ; not 
only from the able manner in which you have discharged the 
important duties which have been confided to you, but froir 



60 



the just considerations with which you have always respect- 
ed the territorial rights of the Island of Cuba. Permit me, 
Sir, to offer my acknowledgments, and to avail myself of 
this occasion to confirm the assurances of my high considera- 
tion and esteem." 

I have before shown, that the authorities and people of 
Foxardo, should, in justice, not only be considered as the 
allies of the pirates, but as our open enemies, did a decision 
on their conduct rest only on the imprisonment of Lieut. 
Piatt, after his object and character were both made known ; 
but there are proofs in the letter of Mr. Bergeest, that on 
two former occasions, in the case of Messrs. Ellis, Gibson & 
Co. and that of Messrs. Bergeest & Uhlhorn, the goods were 
traced to Foxardo, recovered, and the perpetrators detected. 
Foxardo could therefore be considered only as a piratical ren- 
dezvous, and I should have been perfectly justifiable in treat- 
ing it as such by its total destruction. But not wishing to 
proceed to such extremities, if atonement for the past, and 
security for the future, could be obtained by milder means ; 
and as the enterprise was undertaken, as my whole conduct 
shows, in no hostility to the Spanish Government, nor with a 
desire to punish the innocent, who must have necessarily 
suffered by the destruction of the town, I tried amicable, be- 
fore I resorted to forcible means, to obtain the satisfaction 
which the violence and insult offered to my country, in the 
person of one of its officers, loudly demanded. kk By all the 
laws of neutrality and war, as well as of prudence and hu- 
manity," I was warranted in chastising and intimidating the 
authorities and people of Foxardo ; 1 was warranted in taking 
measures to prevent injury to me, and those under my com- 
mand — seeing that injury was intended, by spiking their guns ; 
and which, as appears by Lieut. Barton"? testimony, was not 
done, or even ordered to be done, until the batteries were 
manned, and the guns trained on our vessels, (all bearing the 
American flaa.,) with evident design of hostility. 1 was war- 
ranted, in fact, in anticipating my enemy. 

" There will need, (continues Mr. Adams,) no citations 
from printed treatises on international law, to prove the cor- 
rectness of this principle. It is engraven in adamant on the 
common sense ol mankind ; no writer upon the laws of na- 
tions ever pretended to contradict it — none of any reputation 
or authority ever omitted to insert it." 

The manly vindication of General Jackson, in the follow- 
ing quotation, and from the same pen, would alone, in the 
absence of all instructions, and all other guides and lights on 
the subject, have satisfied me of the propriety of my conduct : 



(51 



" He (General Jackson') took possession therefore of Pen- 
sacola, and of the Fort Barrancas, as he had done of St. 
Marks, not in a spirit of hostility to Spain, but as a necessary 
measure of self-defence, giving notice that they should be 
restored, whenever Spain should place commanders and a 
force there, able and willing to fulfil the engagements of 
Spain towards the United States, of restraining, by force, the 
Florida Indians from hostilities against their citizens. The 
President of the United States to give a signal manifestation 
of his confidence in the disposition of the King of Spain, to 
perform, with good faith, this indispensable engagement, and 
to demonstrate to the world, that neither the desire of con- 
quest, nor hostility to Spain, had any interest in the councils 
of the United States, has directed the unconditional restora- 
tion to any Spanish officer, duly authorized to receive them, 
of Pensacola and Barrancas, and that of St. Marks to an)' 
Spanish force, adequate for its defence against the attack of 
the savages. But the President will neither inflict punish- 
ment, nor pass a censure upon General Jackson for that con- 
duct, the motives for which were founded in the purest pa- 
triotism, of the necessity for which, he had the most imme- 
diate and effectual means of forming a judgment, and the vin- 
dication of which is written in every page of the law of 
nations, as well as in the first law of nature, sell-defence. 
He thinks it on the contrary, due to the. justice which the 
United States have a right to claim from Spain, and you are 
accordingly instructed to demand of the Spanish Government 
that inquiry shall be instituted into the conduct of Don Jose 
Masat, Governor of Pensacola, and of Don Francisco C. Luen- 
go, Commandant at St. Marks, and a suitable punishment in- 
flicted upon them, for having, in defiance and violation of the 
engagements of Spain with the United States, aided and as- 
sisted these hordes of savages in those very hostilities against 
the United States, which it was their official duty to restrain. 
This inquiry is due to the characters of those officers them- 
selves, and to the honour of the Spanish Government." 

" The obligation of Spain to restrain, by force, the Indians 
of Florida from hostilities against the United States and their 
citizens, is explicit, is positive, is unqualified. The fact, 
that for a series of years they have received shelter, assis- 
tance, supplies, and protection, in the practice of such hos- 
tilities, from the Spanish commanders in Florida, is clear and 
unequivocal. If, as the commanders, both at Pensacola and 
St. Marks, have alleged, this has been the result of their 
weakness rather than their will ; if they have assisted the 
Indians against the United States, to avert their hostilities 



from tbe proviuee which they had not sufficient force to de- 
fend against them, it may serve, in some measure, to excul- 
pate individually those officers ; but it must carry demon- 
stration irresistible to the Spanish Government, that the 
right of the United States can as little compound with impo- 
tence as with perfidy, and that Spain must immediately make 
her election either to place a force in Florida, adequate to 
the protection of her engagements, or cede to the United 
States a provincp, of which she retains nothing but the no- 
minal possession, but which is, in fact, a direlict open to the 
eccupancy of every enemy, civilized or savage, of the United 
States, and serving no other earthly purpose than as a post of 
annoyance to them." 

i might here let the matter rest, and it may appear futile in 
roe to give any other reasons or authority for my conduct than 
those I have cited, but I have still more cogent reasons than 
any 1 have yet stated : I acted not only on the supposed wishes 
of the government and nation at large, loudly and repeatedly 
expressed, but on orders intended to have met the case, and no 
doubt would have met it precisely, if it could have even been 
imagined that so great an outrage could have been co i mitted 
by the authorities of any place, professing friendship to the 
United States, as was committed on the person of Mr. Platte 
" It cannot be presumed, (says my instructions) that the go- 
vernment of any island will afford any protection or counte- 
to such robbers. It may, on the contrary, confidently be be- 
lieved that all governments, and particularly those most ex- 
posed, will afford all means in their power for their suppres- 
sion." Yet the government and people of Foxardo did, not 
only afford " protection and countenance " to pirates, and so 
far from affording " all means in their power for their sup- 
pression" did, to cap the climax of their atrocity, seize, ijn- 
prison, and insult, an American officer, while in the execution 
of his lawful duties, and while acting in strict conformity with 
the orders of the government, thus losing all respect for their 
own character, and forfeiting the respect of others, by iden- 
tifying themselves and interests with freebooters and outlaws, 
and making common cause with tbe enemies of the human race 
against the civilized world. 

If it is asked where I find the wishes and opinions of the 
nation and the government so often and so loudly expressed 
as to justify my operations at Foxardo, I answer, in themes- 
sages and communications of the Executive to Congress at 
various times, the acts of Congress for the suppression of 
piracy, reports of Committees, and speeches of members of 
Congress 5 in the petitions of the mercantile part of the com- 



63 

munity to Congress, and to the Executive, in the public 
prints, and in the general sentiment ot the body of the people. 

I could give numerous extracts from the various authori- 
ties cited, but their publicity renders it unnecessary that I 
should do so ; 1 shall, therefore, merely refer to the Presi- 
dent's message, and communications of the Secretaries of State 
and Navy, the acts declaring war against pirates, and making 
appropriations for their suppression, the reports of the chair- 
men of Committees to whom the subject was referred. It 
is unnecessary to cite the various petitions and memorials of 
aierchants in our sea ports, the numerous speeches of mem- 
bers of Congress on the occasion, and it would be almost as 
impossible to enumerate the various newspaper publications 
on the subject, as it would be to collect the sentiments utter- 
ed by our citizens. All unite in deprecating the abominable 
system, and calling aloud for punishment, not only on the 
wretches immediately concerned in it, but on their aiders^ 
abettors, and accessaries. 

The Constitution of the United States prescribes no form 
fbrm for promulgating a declaration of war. The publication 
of the act for the suppression of piracy was alone sufficient 
to make known to the world that war had been formally declar- 
ed by the United States against pirates. A squadron was equip- 
ped for the purpose of pursuing them, with the command of 
which I was honoured, and I sailed with the prayers and best 
wishes of mankind in general. My orders, although drawn up 
with great care, and which lay down certain general principles 
as my guide, in my operations against pirates and intercourse 
with foreign nations, omit to define to me what is piracy. It 
became therefore necessary for me to refer to such authori- 
ties as were within my reach at sea, for a definition of the 
term. Although the 10th article of the 8th section of the 
Constitution empowers Congress to define piracy, the laws of 
the United States, except in those for the suppressiou of the 
slave trade, and the acts of March 3d, 1819, and May loth, 
1820,* are silent on the subject. It became therefore ne- 
cessary to seek for a definition in other authorities, among 
writers on international law, to which the act of March 3d 
refers. " Pirates" (according to Spilman) " are common sea 
rovers, without any fixed place of residence, who acknowl- 
edge no sovereign and no law, and support themselves by 
pillage and depredations at sea." This definition is suffi- 
ciently clear and precise with regard to pirates, who rove 

*The 3d section of the act of May 15th, 1820, makes the landing" 
and robbery on shore, by the crew of any piratical vessel an act of pi'- 
tacy, and punishable as such with death. See Appendix. 



64 

the ocean, have no fixed residence, and who acknowledge no 
sovereign and no law, but it does not describe the pirates 
whom it was made my duly to seek and encounter. 

The following extract from the orders of the Secretary of 
the Navy endeavours to describe the origin, nature, and 
character of the system of piracy which 1 was sent to sup- 
press, differing essentially from Spilman's definition, but still 
omitting to define -what is piracy. 

" The system of piracy which has grown up in the West 
Indies, has obviously arisen from the war between Spain and 
the new governments, her late provinces in this hemisphere, 
and from the limited force in the Islands, and their sparse 
population, many portions of each being entirely uninhabited 
and desolate, to which the active authority of the Govern- 
ment does not extend. It is understood that establishments 
have been made by parties of these banditti in those uninhab- 
ited parts to which they carry their plunder, and retreat in 
time of danger." 

The stat. II & 12, w. 3, c. 7, (made perpetual by stat. 6, 
Geo. 1, c. 19,) enacts that '.' all persons who set forth any pi- 
rates, or be assisting to those committing piracy, or that con- 
ceal such pirates, or receive any vessels or goods piratically 
taken, shall be deemed accessary to the piracy, and suffer as 
principals." 

By stat. B.Geo. 1st, 1. c. 24 (made perpetual by stat. 2, 
Geo. 2, c. 28,) "the trading with known pirates, or furnishing 
them with stores or ammunition, or fitting out any vessel for 
that purpose, or in any wise consulting, combining, confedera- 
ting, or corresponding with them, shall be deemed piracy." 

These authorities are a sufficient definition of the system of 
piracy as it really exists on the coasts of Porto Rico and of Cu- 
ba, and very justly and properly hold the accessaries equally 
guilty with the principal. The authorities of Foxardo were ac- 
cessaries only, so far as we know, but as such, the laws for 
the suppression of piracy authorizes hostilities against them, 
and the authorities quoted provide a punishment equal to the 
one inflicted on the principal. 

" The crime of piracy or robbery and depredation on the 
high seas is," (according to Jacobs,) " an offence against the 
universal laws of society, ("a pirate, therefore, being, according 
to Coke, hoxti humani generis, 3 Inst. 1 13). As therefore he 
has renounced all the benefits of society and government, and 
has reduced himself afresh to the savage state of nature, by 
declaring war against all mankind, all mankind must declare 
war againt him : so that every community has a right, by the 
rule of self defence, to inflict that punishment upon him, which 



<to 



every individual would, in a state of nature, have been other- 
wise entitled to do for any invasion of his person or personal 
property " 

1 have before asserted that it could not be denied, that pi- 
rates were considered by the Laws of Nations, the enemies of 
the human race, and that all mankind were allies against them* 
and the assertion is founded on the above authority, as well 
as on the orders and instructions under which 1 have acted, 
and whicli have also the Laws of Nations for their support. 

It appears, from the authority last quoted, that every pirate 
reduces himself to a state of nature, and defies all laws, and 
may be punished by any community, in the same manner as 
any individual, reduced to a state of nature, would have a right 
to punish him who invaded him or his personal property ; or 
in other words, to punish piracy at discretion without any re- 
gard to law. To show that this, and this alone, is the true 
meaning of the author, 1 offer the following quotation from the 
Lex Mecatoria, 1C4 : " A piracy is attempted on the ocean, 
if the pirates are overcome, the takers may immediately in- 
flict a punishment by hanging them up at the main yard end, 
though this is understood when no legal judgment may be 
obtained ; hence, if a ship on a voyage to any part of Ameri- 
ca, or the plantations there, on the discovery of those ports, is 
attacked by a pirate, but in the attempt the pirate is overcome, 
the pirates may be forthwith executed witliout any solemnity of 
condemnation by the Marine Law." 

I have now shown that the laws of nations and of nature, 
justified my landing at Foxardo, to obtain indemnity for the 
pa*>t and security for the future. I have shown that the ap- 
proved conduct of those who committed acts of hostilities 
without any declaration of war on the part of the United 
States, or orders from the government, justified hostilities 
on my part, even if there had been no declaration of 
war, or orders to give a sanction to my proceedings. — 
That war having been formally declared and promulgated, 
and the laws making the accessary equally guilty and 
punishable with the principal, 1 should have failed in my 
duty, (having the means,) if I had not brought the author, 
ities and peo; le of Foxardo to punishment, as accessaries 
to the pirates, who had taken refuge and received protection 
there. 

I have also shown that as pirates, and of course the acces- 
saries of pirates, set at defiance all law, so are they not enti- 
tled to its benefits, and " they may be forthwith executed 
without any solemnity of condemnation, by the marine law •" 
and consequently that I should have been justifiable in usin<r 

.0 



66 



the severest measures that could have been adopted, in pun- 
ishing the authorities and people of Foxardo. But for the 
severity of the measures adopted by me, 1 refer to facts, and 
shall not say one word in defence of them. 

I might stop here with a perfect confidence of an acquittal 
from the charge of rashness and indiscretion, in the violation 
of the territorial jurisdiction and immunities of Spain, or of 
any disposition to offer to that government any indignity or in- 
sult ; but as without asking of me explanation, and without 
complaint from Spain, or from any other quarter, it has been 
thought proper to anticipate even the resolution and wishes 
of Mr. Archer, (already distinguished for his active hostility 
towards me in the trial of Lieut. Kennon,) by ordering me 
from my station, to explain the transactions atFoxardo, which it 
has pleased the Secretary of the Navy to term " extraordi- 
nary ;" and as I am placed before the world as a condemned 
and degraded officer, it is a duty 1 owe to myself, as well as to 
the service to which I belong, and it may be useful to others 
to know, that in all this " transaction" I was acting in as strict 
conformity with the letter and spirit of my instructions, as the 
nature of the case would admit of: that it was provided for 
as near as could be imagined, by the government, and that I 
have in no instance departed from my instructions, so far as I 
could by repeated perusal understand them. 1 have per- 
ceived no obscurity in them, and I complain of none. I be- 
lieve I understand them, and the intentions of those who drew 
them up ; and without national or natural law, or precedent, 
I feel a confidence that the responsibility of my conduct at 
Foxardo, if improper, rests upon those who issued the or- 
ders, and not on me who executed them I do not wish it 
understood, however, that i dispute the propriety of the or- 
ders — to the contrary I fully concur in the doctrine laid down 
in them. They are framed on the laws of nations, were 
drawn up by one well versed in them, and were intended to 
supply the want of a knowledge of international law on my 
part. 1 not only subscribed to that part which authorizes my 
landing and pursuing pirates on the territory of a foreign 
power, and denounces those nations so lost to a sense of re- 
spect for their own character and interest, and the respect of 
others, as to refuse to put down piracy, much less to afford 
them an asylum and protection ; but 1 subscribed to the yet 
stronger measures which have been recently recommended 
by the Executive — nothing short of authority to land, pur- 
sue, and hold the authorities of places answerable for the pi- 
rales who issue from and resort there — to make them an- 
> '- rable by reprisals on the property of the inhabitants, and 



67 



to blockade the ports of the Islands. Nothing short of lhe*e 
measures can put down the disgraceful system. I also coin. 
Sdein opinion with the President, that neither -the govern- 
ment of Spain, nor the government of either of the Islands, 
(Porto Rico and Cuba,) can with propriety complain of a re- 
Sort to either of those/measures, or all ot them, should they 
£ reported to, as the United States interpose their aid for the 
accomphshment of an object, which is of •K*^*™' 
to Snain and her Islands, as well as to us. 1 o the contrary, 
t sh'ou d be ejected that they will faithfully co-operate ir i such 
measures as may be necessary for the accomplishment otrtu. 
very important object. Whatever measures however, may 
be resorted to by the United States, the first thing necessary 
to secure success, is to protect, countenance, and support the 
officer employed to execute them ; and in any measures .which 
he may adopt requiring energy of action, he ought not to be 
discouraged and degraded by punishment before complaint, 
or removed from his command without being allowed^ op- 
portunity of explaining bis reasons for ^f^^ 
such assurance, no officer in his senses would willingly under 
S thellicate duties which I have been performing ; and it 
compelled would, from his apprehensions of sharing my fate, 
"cTrLly meet the expectations of the government and people 
of the United States. The discouraging circumstance ot my 
removal for the offence of landing on Porto Rico, and I punish- 
n.the accessaries of pirates, the authorities ot Foxardo, 
mav have a much more important effect in retarding the sup- 
pression of piracy, than is at present apprehended. So long 
rfne governor and people of the small towns of Porto 
Rico and Cuba, are satisfied that they may imprison us with 
rmmnity, and that punishment certainly follows any attempt 
on our ^ Part to obta in redress and security to our persons, so 
lo„" he suppression of piracy is impossible ; and he who 
on the se "terms is willing to undertake it, loses sight of his own 
restcUbil y,and of the respectability of his nation and dag 

I have satisfactorily shown that, by the laws of nations 
had arlht to land on the shores of Porto Rico, in pursuit oi 
mv enemy. 1 have shown that, against the enemy, in pur- 
Xf whom I was authorized to land, war had been fonnaly 
declared by my country. I have shown, that the allies aid- 
erf abettors, &c. of this enemy were, by the laws or nations 
2 or England, and by mercantile laws, also my enemies, 
and 1 able to he same punishment as their principals. 
I h,vc in fact, shown that, by the laws of nations a one, 1 was 
IrZ Tos ified in landing and chastising, even to hanging. 



65 

even the formality of a declaration of war, and without 
even being ordered by their Government, but merely on their 
own mil and sense oi right other officers, under similar cir- 
cumstances, have invaded foreign territory, and committed 
acts of war, and the.r motives being good, (heir conduct was 
approved of, on their own representation of it. I have now 
to show that, besides national and civil law, open declaration 
oi war and precedent, to support me, I have orders to pass 
the terr.tor.al boundary of a foreign nation, in pursuit of pi- 
rates or those whom I hare just cause to suspect of bein- 
such, to se.ze and bring them to justice; and, in the event 
ot the local authorit.es refusing to prosecute such persons, 
am then ordered to take them from such territory, on board 
the vessels under ray command. The orders are full and 
explicit and in the absence of other justifying circumstan- 
ces, I should be w.lhng to rest the defence of mv conduct on 
FeT. 1 1^1823 following are the orders alluded to, dated 

("Extract. J 

"Sir : You have been appointed to the command of a 
squadron, fitted out under an act of Congress, of the 20th of 
December last, to cruize in the W-st India seas, and Gulf of 
lUex.co for the purpose of repressing piracy, and affording; 
effectual prolect.on to the citizens and commerce of the 
United Mates. Your attention will also be extended to the 
suppression of the slave trade, according to the provisions of 
the several acts of Congress on that subject ; copies of which 
and the mstructions heretofore given to our naval command- 
ers thereon, are herewith sent to you. While it is your duty 
to protect our commerce against all unlawful interruptions 
and to guard the rights both of person and property of the 
cit.zens oi the United State*, wherever it shall become ne- 
cessary, you will observe the utmost caution not to encroach 
upon the rights of others ; and should you, at any time, be 
brought into discussion or collision with any foreign power 
in relation to such rights, it will be expedient and proper 
that the same should be conducted with as much moderation 
and forbearance as is consistent with the honour of your coun- 
try, and the just claims of its citizens. 

Should you, in your cruize, fall in with any foreign nava[ 
force engaged in the suppression of piracy, it is desirable 
that harmony and a good understanding should be cultivated 
between you ; and you will do every thing on your part 
that accords with the honour of the American Hag, to promote 
this object. r 



09 

" So soon as the vessels at Norfolk shall be ready for sea 
you will proceed to the West Indies, by such route as yo.i 
shall judge best, for the purpose of effecting the objects of 
your cruize. 5fou will establish at Thompson's Island, usu- 
ally called Key West, a depot, and land the ordnance, and 
marines, to protect the stores and provisions ; if, however, 
you shall find any important objection to this place, and a 
more suitable and convenient one can be found, you are at 
liberty to select it as a depot. 

" You will announce your arrival and object to the authori- 
ties, civil and military, of the Island of Cuba, and endeavour 
to obtain, as far as shall be practicable, their co-operation, or 
at least their favourable and friendly support, giving them 
the most unequivocal assurance, that your sole object* is the 
destruction of pirates. 

" The system of piracy which has grown up in the West In- 
dies, has obviously arisen from the war between Spain and 
the new governments, her late provinces in this hemisphere 
and from the limited force in the islands and their spar«e pop- 
ulation, many portions of each being entirely uninhabited and 
desolate, to which the active authority of the government 
does not extend. It is understood that establishments have 
been made by parties of these banditti in those uninhabited 
parts, to which they carry their plunder, and retreat in time 
of danger. It cannot be presumed that the government of any 
island will afford any protection or countenance to such rob- 
bers. It may, on the contrary, confidently be believed, that 
all governments, and particularly those most exposed, will af- 
ford all means in their power for their suppression. Pirates 
are considered by the laws of nations, the enemies of the hu- 
man race. It is the duty of all Nations to put them down • 
and none who respect their own character or interest will 
refuse to do it, much less afford them an asylum and protec- 
tion. The nation that makes the greatest exertions to sup- 
press such banditti, has the greatest merit. In making surh 
exertions, it has a right to the aid of every other power to the 
extent of its means, and to the enjoyment, under its sanction 
of all its rights in the pursuit of the object. In the case of 
belligerents, where the army of one party enters the territory 
of a neutral power, the army of the other has a right to follow 
it there. 

" In the case of pirates, the right of the armed force of one 
power to follow them into the territory of another, is more 
complete. In regard to pirates, there is no neutral party 
they being the enemies of the human race, all nations are 
parties against them, and may bo considered as allies. The 



70 

object and intention of one government is to respect the feel- 
ings, as well as the rights of others, both in substance and in 
form, in all the measures which may be adopted to accom- 
plish the end in view. Should, therefore, the crews of any 
vessels which you iiave seen engaged in acts of piracy, or 
which you have just cause to suspect of being of that charac- 
ter, retreat into the ports, harbours, or settled parts of the 
islands, you may enter, in pursuit of them, such ports, har- 
bours, and settled parts of the country for the purpose of aid- 
ing the local authorities or people, as the case may be, to 
seize and bring the offenders to justice, previously giving no- 
tice that this is your sole object. Where a government exists 
and is felt, you will, in all instances, respect the local authori- 
ties, and only act in aid of, and co-operation with them, it be- 
ing the exclusive purpose of the government of the United 
States to suppress piracy, an object in which all nations are 
equally interested; and, in the accomplishment of which, 
the Spanish authorities and people, will, it is presumed, cor- 
dially co operate with you. If, in the pursuit of pirates found 
at sea, they shall retreat into the unsettled parts of the islands 
or foreign territory, you are at liberty to pursue them, so long 
only as there is reasonable prospect of being able to apprehend 
them, and in no case are you at liberty to pursue and ap- 
prehend any one after having been forbidden so to do by com- 
petent authority of the local government. And should you, on 
such pursuit, apprehend any pirates upon land, you will de- 
liver them over to the proper authority, to be dealt with ac- 
cording to law, and you will furnish such evidence as shall be 
in your power to prove the offence alleged against them. — 
Should the local authorities refuse to receive and prosecute 
such persons, so apprehended, on your furnishing them with 
reasonable evidence of their guilt, you will then keep them 
safely and securely on board some of the vessels underyour 
command, and report without delay, to this Department, the 
particular circumstances of such cases." 

I think, alter an attentive perusal of the foregoing orders 
and instructions, no one will accuse me of having gone beyond 
the authority given to me, by intimidating the authorities and 
inhabitants of a town, which from being the rendezvous of 
pirates and robbers, and from the course taken by the people 
and authorities to defeat the object of those sent in search of" 
them, truly deserve the name of piratical. 

1 am ordered to protect, not only the property but the per- 
sons of our citizens. Will it be denied, that Lieut. Piatt and 
the other officers under my command, are American citizens, 
and entitled to my protection ? And how could I have pro- 
tected them had 1 overlooked the conduct of the Foxardians ? 



71 



Difficulties were apprehended by the Government, in the 
performance of the duties confided to me, and in any colli- 
sion with foreign powers, I am instructed to conduct myself 
with as much moderation and forbearance as is consistent 
with the honour of my country, and the just claims of its citi- 
zens. 

The violence and insult offered to my country, in the per- 
son of Mr. Piatt, it was made my duty to notice, and in the 
performance of this duty, I did conduct myself with the great- 
est moderation and forbearance : the guns of the batteries 
were not spiked until self-preservation made it necessary for 
me to spike them, and so soon as the apology of the authori- 
ties of Foxardo was received, and assurance of respect and 
protection for the future were given, 1 retired. No com- 
plaints of violence of proceeding have been offered against 
me by the Spaniards — a sure evidence that they had no cause 
of complaint, even if I had no testimony to offer in my fa- 
vour, but as to the moderation of my conduct, and the pre- 
cautions taken by me to preserve it in others, the testimony 
is ample. 

In the former part of these remarks, I have touched on the 
other parts of my instructions : I deem it therefore unne- 
cessary to make any further comments — they are before the 
reader, and he can judge whether I have transcended them 
or not, and whether I should not have failed in my duty, had 
I not pursued the course I did at Foxardo. 

I have as yet said nothing as to my motives. The motive? 
of General Jackson, it is said, were founded in the V purest 
patriotism ;" and it is presumed the motives of the other of- 
ficers I have cited were equally pure, or their conduct would 
not have been approved : how their motives were ascertain- 
ed, except from their conduct and assurance, I do not know. 
On my own part, I offer no assurances, but leave every one 
to judge of my motives by my conduct alone. Had my mo- 
tives been bad or mischievous, I should have proceeded di- 
rectly to hostilities, without giving notice to the authorities 
of Foxardo, and allowing them time to choose between the 
two alternatives offered them ; and I should not have taken 
the precaution I did to guard the persons and property of the 
inhabitants of Porto Rico from injury. Had, in fact, my mo- 
tives been bad, I should have insisted on severer terms than 
those I exacted, and I should not have retired immediately 
after the concessions and assurances were made, but should 
have remained there, to enjoy the intimidated, humble, and 
degraded, condition of the authorities and the people. 

That my motives were disinterested, is certain, from the 



72 

circumstance of my confining myself to the siingle object of 
protection to the persons of our citizens. I had nothing per- 
sonally to hope for, or to gain, by securing their safety ; and 
I had certainly much to lose in making the attempt, for 
I placed my life at hazard. 

If I have failed in justifying myself, I trust that the failure 
will be ascribed to the peculiarly delicate duties which have 
been confided to me, involving nice and intricate questions of 
national rights, and a zealous desire to act fully up to the 
wishes of the government ; and not from a wish to act in op- 
position to its views, or to infringe on the territorial rights 
and immunities of others. Should there appear the slightest 
evidence of my having, for a moment, wilfully disregarded 
what was due to my own country, and the respect due to the 
Government of Spain, I shall submit with resignation and 
cheerfulness, to the severest punishment that can be inflicted 
on me, if it even extends to depriving me of my commission, 
which I should then be unworthy of bearing. 

For merely doing my duty, I have never asked, nor ex- 
pected, any reward, beyond the approbation of my country ; 
and if it should appear, that I have, in this instance, done no 
more than my duty, 1 confidently hope and expect that 
I shall escape all punishment, beyond what 1 have already 
felt. 

I have stated all the grounds which, in my opinion, justified 
my undertaking the expedition to Foxardo. 1 acted on letters 
of an official character, already referred to, and statements 
which 1 had no doubt could be relied on. I acted on what 1 
believed a fair construction of the Laws of Nations, the 
intention of those who framed my orders, and the public voice. 
I did not think it necessary to go through the formality ofcol- 
lecting evidence on oath, to justify me in the attempt I was 
about making to secure, in future, our officers from insult ; had 
I done so, my object would have been defeated in the time 
that would have elapsed, and the alarm that would have been 
excited by an inquiry, which could not have been kept secret. 

Promptness was necessary, and I felt satisfied that the let- 
ters which I already possessed, were a sufficient justification 
for my proceedings. 

The following Documenls, which have been rejected by 
the Court, and which I do not now offer in vindication of my 
conduct, but in confirmation of the letters of Lieut. Piatt, Mr. 
Cabot, and Mr. Bergeest, are so full on the subject of the 
robberies and piratical depredations from Foxardo, and the 
piratical character of the authorities and people of that part 
of Porto Rico, that 1 deem it unnecessary to make any cpm-r 



73 



ment on them. The complicated system of villainy they un- 
fold is disgraceful to the nation to which they helong, and a 
continuation of it will be disgraceful to the rest of the world, 
and particularly to those nations most exposed to their depre- 
dations. The pirates of Cuba, of Algiers, Tunis, and Tripo- 
li, offer no parallel. 



10 



I 



REJECTED DOCUMENTS 



(Copy) 

St. Thomas, I6tk February, 182-i. 

Captain David Porter, U. S. JVavy. 

Sir : Agreeable to your request, we have collected and 
put into the hands of Lt. Comdt. Piatt, all the testimony regard- 
ing the various depredations which have been committed upon 
this place by the inhabitants of Foxardo and its vicinity, which 
the present unsettled state of this place will permit from 
'he unfortunate fire. We will now repeat what our Mr. Ca- 
bot had the honour of verbally acquainting you, that our store 
was broken open and robbed of a considerable amount of val- 
uable property, on the night of the 24th October last, all of 
which belonged to citizens of the United States. Beingfully 
convinced who the perpetrators of this act were, and the 
course our goods had taken, from the well known character of 
the inhabitants of Foxardo, and the facilities believed to be 
rendered by the Government of that place, we requested 
Lieutenant Commandant Piatt to aid us in the recovery, which 
he very generously consented to. The circumstances of his 
reception and treatment at that place, you will receive from 
Lieut. Piatt. We would now add, that about ten days since, 
we received information, which may be relied upon, that John 
Compis, of that place, a man whose wealth gives him conse- 
quence, and even the then Alcalde of the place, from interested 
motives, or otherwise, forbore to put in force and claim against 
him, was the actual receiver ofour goods, and that he. at the time 
Lt. Piatt was there, had the in in possession. It will be recollected 
that this said Compis is the man to whom our clerk was intro- 
duced by Messrs. Bergeest and Uhlhorn, of this place, and 
who has been the agent of most, if not all the houses in this 
place, who have been robbed, to obtain justice for them, and 
he has written us for a power of attorney to act in our place. 
Three or four days since we received a message from a man 
in power in that place, whose name is suppressed, but who, 
we believe, is the present Alcalde ofp'oxardo, ('the Alcalde in 
olhYe at the t'me of your visit is removed,) offering to obtain 
the value of the goods stolen, if we would relinquish to him 
one half of the amount recovered. This we have consented 
tnd have no doubt but it will be accomplished. 



lb 



We request you not to give any greater publicity to this 
letter, and the documents you will receive, than is actually 
necessary ; for the lives of the parties would be endangered. 

We have the honour to be, sir, with respect, your most 
obedient servants, 

(Signed) CABOT, BAILEY, £; CO. 

Personally appeared before me, John G. Bailey, of the 
firm of Cabot, Bailey, <Sc Co., who solemnly swore to the 
truth ot the contents of the foregoing letter. 

Island of St. Thomas, eighteenth day of February, one thousand eigh 1 
hundred and twenty-firs, 

JOHN D. SLOAT, 

Lieut. Comdt. U. S. Wavy. 



(Copy.) 

Dear Sir : Enclosed I hand sundry documents, obtained 
at the request of Lieut. Piatt : and should I hear of any thing 
that I consider of service in this business, I shall procure a 
deposition, and forward the same. 

I waited on the Governor and Judge, in company with 
Captain Sloat, to obtain extracts from records in the Govern- 
or's office, as well as any court proceedings taken in the trial 
of the pirates, which might fix the thing in Foxardo, but we 
were informed there was none. But if you think it of utility, 
(and I have no doubt but strong proof can be obtained from 
said trial, as to the character of the inhabitants of Foxardo,) 
you can obtain any document you may require, provided the 
demand is made to this government through the Danish Mi- 
nister, residing in the United States. 

In the piratical business, which was discovered here, a 
Foxardo boat made the principal figure ; which boat and her 
crew are now here under arrest. Piracies continue fre- 
quent on the east and south coast of Porto Rico, committed 
by open boats and a small schooner. One sloop loaded by 
my house, has been captured, and the captain and crew have 
not since been heard of. She left this on the 7th ult. for 
Ponce, and on the 10th, the Telegraph at Ponce signalized a 
sloop captured in sight. She was seen a few days after drift- 
ing near Cape Rox — masts cut away, and no one on board of 
her ; since which, one was captured from this, otf Guayama, 
bound to Ponce; and report says, that a brig is to windward 
of " Dead Man's Chest. ' ; a prize to them. The Shark will 






s 

wrj half horned to the ground on the 13tr 
and me may r 

took in the centre of the town, and 
hurnr 

- 'main 
•with - moit obe 



Davii-i J'f I 






morning 
pas broken open, and goods t 
amot .. containing about 

e= a number or valuable paper;, were car- 
be name of Pedro Cabrera, a Span. 

^one 

and he whs fortunate enough in securing toe most 

•>ack. along with a few pieces 

. :ndkerchief-;. He <roi tnem in Foxardo. or close v 

;best the - ^ece;. and the paper? were 

iound near to 

sanr. Cabrero carried with him. Some pe 

were take: 
. the city of Pen 
umii. .vith tnem, I have not since learned. 

- most obedient servant. 
RO] 

rn.Mr.Cabn 

•?ri Alex:. ..lerchant, bein^ 

:ne Holy Evangelist of Almighty • 

the fore_ 
him writ ast and true. 

RO! 



77 

I, John D. Sloat, commander of the United States' schooner 
Grampus, do hereby certify, that the foregoing deposition 
was this day duly sworn to, and subscribed in my presence. 

Given under my hand at St. Thomas, this seventeenth day 
of February, one thousand eight hundred and twenty-rive. 
(Signed) 3. D. SLOAT. 



(Copy.) 

Metr Alesandro heman, da do el Plie go al jenera. Y me 
manda a drsir que me preseDte yno he Podi do ber i i carlo 
For ayame en ermo Peru sinenbar Go eldia Primeers del en- 
trante Pienso ni Por loque tendra. V labor da de man dar 
me loque hubiere reunido entre los ynteresados con el Por- 
tador Jabor que quedare re conosido. 

S. S. S. S. que S. B. 

(Signed) PEDRO CABRERA, 



(Copy.) 

Saijvt Thomas. 

By request of Lieutenant Commandant Charles T. Piatt, of 
the United States' schooner Beagle, J. S. Cabot, acting for 
Nathan Levy, Vice Consul of the United States for this Island, 
did call and cause to come before me J. F. C. Bergeest, of 
the firm of Bergeest and Uhlhorn, of this Island, who did so- 
lemnly declare that, on the night of the 12th January, 1823, 
their store was broken into, and robbed of merchandise and 
their iron chest, containing money and all valuable papers, 
at no less amount than £100,000. The perpetrators of this 
act were, about a month afterwards, discovered in the neigh- 
bourhood of Foxardo, where the goods were sold, but they 
have never been able to recover any proportion of them. 
Their papers were found on their wharf, on the 28th Febru- 
ary ensuing. He also gave, as his opinion, that Naguabo, 
near Foxardo, has, for a length of time, been the receptacle 
of stolen goods ; and it is beyond a doubt, that all the robbe- 
ries, which, for some years, have been committed in this Isl- 
and, particularly that upon the store of Cabot, Bailey .k. Co. 
was by the inhabitants of Foxardo. or its neighbourhood, and 
to which place the goods were carried. 

In testimony of the verity of the foregoing, he has annexed 
his signature. 

J. F. C. BERGEEST, 
Partner of Bergeest 8f Uhlhorn. 



78 

I, Stephen Cabot, do identify the same under my official 
seal and signature, this seventeenth day of February, one 
thousand eight hundred and twenty-five. 

STEPHEN CABOT, 

Per liis Attorney 

JNO. G. BAILEY. 



(Copy.) 

Mr. A. Saubot, and Mr. Jean Joubert, of the house of Sau 
hot, Joubert & Co. of St. Thomas, merchants, being severally 
duly sworn upon the Holy Evangelist of Almighty God, do, 
and each of them doth solemnly depose and say, that, on or 
about the night of the twenty-fifth day of March last past, 
their store, in St. Thomas, was broken into, by some person 
-ir persons, unknown to them, and robbed of divers articles ; 
and that, among those articles was their iron chest, in which 
they usually kept their papers and money; that, afterwards, 
the Bills of Exchange, and other papers, which were in their 
iron chest, at that time, were received by them from Foxardo ; 
that these papers were said to have been thrown into the 
bouse of Lieut. Col. Don Julian Villodas, commissioned by 
the Government of Porto Rico, to make investigation and in- 
quiry at Foxardo and the neighbourhood, respecting robbe- 
ries committed at St. Thomas, the plunder of which was said 
to be carried there. And these deponents further solemnly 
swear, that several double Louis d'or. which were also in 
their iron chest, belonging to them, and carried away at the 
time of the robbery aforesaid, were afterwards received at 
St. Thomas, to their certain knowledge, from the coast and 
neighbourhood of Foxardo ; and that they verily believe, 
the whole of the property, of which they were at that time 
robbed, was carried to Foxardo, or its vicinity. 

(Signed) AUG'T SAUBOT. 

St. Thomas, 17 th February, 1825. 
J. Joubert. 

I, John D. Sloat, commander of the United States' schooner 
Grampus, do hereby certify, that the foregoing deposition 
was this day duly sworn to, and subscribed in my presence. 

Given under my hand at St. Thomas, this seventeenth day 
of February, one thousand eight hundred and twenty-five. 

(Signed) JOHN D. SLOAT. 



(Copy.) 

Mr. Robert Browne, a partner in the house of Messrs. El- 
lis, Gibson & Co. of St. Thomas, merchants, being duly sworn 
upon the Holy Evangelist of Almighty God, doth solemnly de- 
pose and say, that, on or about the night of the eighth day of 
January, 1824, their store was broken into, and robbed of di- 
vers articles of goods and merchandize, which were traced 
to Foxardo, Naguaba, and Caguas, on the eastern coast of 
Porto Rico ; that the goods and robbers were sent to the 
city of St. Johns, where the goods were identified by Mr- 
Gibson, another partner in the same house, who was there at 
the time — this deponent having written to him respecting 
them ; that the robbers broke out of jail in the city, and that 
some, were afterwards re-taken ; that a suit is still going on 
for the recovery of the aforesaid stolen goods, valued at about 
three thousand five hundred dollars, the costs of which are 
upwards of eleven hundred dollars, against the purchasers of 
those goods, who are responsible people in Foxardo, Nagua- 
ba and Caguas — but as yet without the recovery of any part 
thereof. And this deponent further solemnly deposes and 
says, that he is convinced, from the information received by 
his house, that the late robberies in this place have been, 
committed by some of the same gang, and the»goods secreted 
;ilong the coast about Foxardo, Naguaba, Caguas, &c. &c. 

ROBERT BROWNE. 

St. Thomas, VI th February, 1825. 

I, John D. Sloat, commander of the United States' schooner 
Grampus, do hereby certify, that the foregoing deposition was 
this day duly sworn to, and subscribed, in my presence. 

Given under my hand, at St. Thomas, this seventeenth day 
♦f February, eighteen hundred and twenty-five. 

(Signed) JOHN D. SLOAT. 



(Copy) 

St. Thomas, 15/A Febi-iiary, 1825. 
Messrs. Cabot, Baxley, & Co. 

Gentlemen : In consequence of your, Mr. Bailey, having 
applied to us for the particulars we have elucidated regarding 
the robbery of our store, on or about the 8th January, 1824, 
we beg leave to refer you to the enclosed letter? : 



80 

>«os. 1 &, 2, dated Paynas, 23 January, 1824, 

3, do. Foxardo, 27 March, do. 

4, do. do. 9 Feb'y, do. 

You can make what use you please of the above letters, 
only the writer's name must be kept a profound secret. The 
suit against the receivers and purchasers of the stolen pro- 
perty, is still going on in the city of Porto Rico, where the 
goods seized on the coast have been identified by our Mr* 
Gibson, now absent on the Main. 

We are gentlemen,yours, respectfullv, 

(Signed) ELLIS', GIBSON, & CO. 

Personally appeared before me, Stephen Cabot, acting for 
Nathan Levy, Vice-Consul of the United States for this island, 
Robert Browne, of the firm of Ellis, Gibson, & Co. who ac- 
knowledged his signature to the annexed letter, and declared 
that the letters attached, are the originals received by the 
firm. 

In testimony whereof, I have hereunto affixed my official 
seal and signature, this seventeenth day of February, one 
thousand eight hundred and twenty-five. 

STEPHEN CABOT, 

Per his Attorney 

JNO. G. BAILEY. 



No. 1. 

[translation.] 

Mr. to Mr. John O 1 Kelly. 

Caguar, 23d January, 1824. 
My Friends : — In consequence of your favour of the 12th 
current, relative to the robbery of our friend Gibson, com- 
mitted on his store at St. Thomas, I have, from the moment 
of my receiving it, used the most efficacious means to disco- 
ver some clue by which I might be enabled to find out, with 
certainty, the thieves or receivers of the plundered proper- 
ty ; and I have obtained from credible persons, positive in- 
formation of the place where there is a considerable of the 
effects, and indications of the direction which has been given 
to the rest ; in this understanding, and not to risk the ju- 
dicial proceedings in suspicious hands, I resolved that you 
should, in the name of Gibson, request of the Captain Gene- 
ral, a commission, that should exactly include Lieutenant Co- 
lonel Dr. Julian Villoda, the bearer hereof, and with whom 



8! 



you shall be understood at the time which I shall direct 
therefor. 

The same Villodas shall move some causes that the com- 
mission be decreed as soon as possible, and come to join me 
in this town, to go afterwards to Foxardo. The accompany- 
ing memorial will serve you to make a fair copy, and present 
it to the Captain General, which being decreed accordingly, 
shall be delivered to the same Villodas. I charge you par- 
ticularly, to take measures to conceal my name in this busi- 
ness, because it is proper for my interests and the preserva- 
tion of my relations. 

Your most obedient servant, 

Postscript. — I have punctually notified our friend of the 
steps which I have taken, and of the commission sought by your 
means, that he may understand the whole Colon. 



(Copy.) 

Cagcas, 23d January, 18.24. 
William Gibson, Esa. 

Dear Sir : Your favoured of the 12th instant, I have duly 
received, by which I am extremely sorry to find your store 
was robbed in the night of the 8th. In consequence of said 
letter, 1 have made my utmost efforts to discover the thieves. 
I have luckily succeeded in a great measure, by which rea- 
son I proceeded to obtain, from the Governor, a commission 
on a friend et a person of confidence, considering this the 
only step that may be prudently adopted to make the recove- 
ry : to the purpose, I have on this date wrote to our friend, T. 
O'Kelly, a letter, of which the enclosed coppy will fully in- 
formed you. The principal robber, Manuel Lamparo, (a 
negro,) was in gaol at Naguabo, in the 20th instant, who was 
very badly wounded by the people that praised him. I have 
no doubt h' is now dead. I hi» declaration ; — he said he was 
the only person that robbed your store, Mr. Soussrons's, et 
others ; but would not complicate no other, or either say 
where goods were : however, I hope, whitin a few days, to 
have the pleasure of noticing yoy the capture et recovery of 
robbers et gods. 

I might have saved you the expenses of a mission by acting 
myself, but I assure you this is a very desagreeable et tras- 
cendental business iu this Island, on which account I have 
acted accordingly as you may perceived in the inclosed coppy. 

The Commissioner is a Colonel of the expedicjonary army 
11 



32 



of Spanish Maiu, to whom I shall have to pay, et will there- 
fore draw on you accordingly as it may be necessary. 

Be please send me by the first opportunity the articles con- 
tained in the enclosed list, directed to D Juan Torres to the 
care of D. Jore Turull by one of the wessells trading to the 
city. 

Meanwhile remain, dear sir, your ob"t h. s't. 



No. 3. 

[TRANSLATION.] 

Mr. ■ to Mr. William Gibson. 

Foxardo, 27/A .March, 182*. 

My Dear Friend : I take up the pen to give you an ac- 
count, and inform you circumstantially of the researches 
which have been made concerning the robbery which was 
committed in your store on the night of the day of Janu- 
ary last. 

From the judicial proceedings had for that purpose, it ap- 
pears clearly and legally and justly proved who were the rob- 
bers ; to what point they conducted the whole of the robbery 
to its distribution among them ; what portions were intro- 
duced by the Coasts within the jurisdiction of this town, and 
what by those of Naguabo ; who were the assistants in the. 
carrying, land, and concealing, and who the purchasers.- — 
Among these last the very persons have been denounced. 

Those who committed the robbery even in that Island ; 
John and Biiian, negroes, a Catalonian named Pan, an En- 
glishman named Duato, another named James, and Man- 
uel Lamparo, black. The whole of the robbery was com- 
mitted at the Island Pines, in a boat which it is doubtful whether 
it were Antonio Gamboa's, or that of an Italian Yorgi. In that 
Island the robbers distributed the plunder, dividing it into 
equal parts, having introduced it into this Island by the ports 
of Naguabo and those of this District. 

The purchasers of the plundered effects were in Naguabo, 
Dr. Itto Pachot, Dr. Francisco Pacheco, and Dr. .'ose Este- 
baty Fout ; and in this District, Dr. Juan Gufao, all those 
who had open shops of merchandize y chandlery. Pa- 
chot, Pacheco, and Gafao, have themselves announced the 
effects which they purchased, specifying them article by ar- 
ticle, what each article cost, and at what they sold them. 

With respect to the purchasers who did not themselves an- 
nounce, the acknowledged goods have been stopped with 
them ; and as to those who have announced them, as they 
are subject to acknowledged responsibility, and having them 



83 



$el?.es announced them, their goods have not been stopped, 
as all united have to answer and pay the total value of the 
robbery, and the damages and costs occasioned in the inves- 
tigation. 

Also, the goods belonging to the Englishman, James and 
Duate, have been arrested, consisting of a small portion of 
lands, and a slave. And likewise of two inhabitants of Na- 
guabo. named Ravelo and Garcia, which consist of another 
certain portion of land. Moreover one Guayro has arrested 
a sufficiently large quantity of the property of Antino Gam- 
boa. This man. although he was not one of the gang who 
committed the robbery in your store, is one of those belong- 
ing to it, and has proved that he transported in the same 
Guayro, to the Inland of St. Bartholomew, the robbers Birian, 
Juan, and the Catalan, Pan, to place them in safety. 

The robber Manuel Lamparo has declared that in that Is- 
land, he has belonging to him, in the possession of his wife 
or concubine, named Paulina, two slaves, and the boat which 
he sails. This Paulina is the mother of six children of Lam- 
paro, of which 1 inform you, that you may secure the ne- 
groes, boat and other goods, which are known to be Lampa- 
ro's. 

Of the effects plundered, there have only been recovered 
one ordinary cloak, two Levitas frock coats, one shirt and un- 
dress of Irish linen, and six Irish fowling pieces, and a pair 
of pistols. 

The effects confessed by the same purchasers are the fol- 
lowing : 

D. Itto Pachot — 2 pieces cloth, 2 pieces Irish linens, I 
piece Brittannia?. D. Francisco Pacheco — 2 1-2 pieces cloth, 
1 piece rouen, 1 piece coleta. D. JuanGufao — 2 pieces co- 
leta, 2 pieces rouens, 3 pieces Irish linens, 2 1-2 pieces cloth, 
3 pieces handkerchiefs, 5 (Levitas) frock coats, 1 coat, 1 pair 
of pistols. D. Jose Esteva and Foute, who has not confess- 
ed, but justified to the evidence — 2 pieces cloth, 5 pieces 
Irish linens. 

Hence you will infer how little they have confessed ; but 
the law condemns them to answer for what is wanting, and to 
suffer some infamous punishment, in which they will proba- 
bly have indulgence as far as they have confessed. 

From these investigations there are confined in the prisons 
of Humacas, Naguabo, and the city of Porto Rico, Antonio 
Revelo, Antonia Barbosa, Dr. Francisco Garcia, Dr. Jose 
Garcia, Santiago Damaso, Dr. Esteban Tons, Tiburcio Cas- 
tillo, Antonio Castillo, Magdalena Castillo, James and Manuel 
Lamparo. Th^se two last ate robbers, the rest are fugitives. 



84 

There remains then, nothing else in the business, but to 
pursue some other legal forms, by which every thing proper 
may be done to discover all the robbers, purchasers of the 
stolen property, and how far they have co-operated in the crime. 
The said formalities being concluded, the person commissioned 
will take the voluminous writing made, the few effects seized, 
and the accused, and will place the whole in the hands of his 
Excel. ency, the Captain General, who will pass the process 
to jurist, that he may consult on the decree which ought to 
be made according to law ; and it is very natural for you to 
appear as the actor, not only to demand what has been found 
and purchased, but also to establish the importance of the 
property stolen with the costs besides, all which the purcha- 
sers have to pay who have confessed, and those who have not 
confessed what that have, twenty times the amount of the pro- 
perty stolen. That this may be concluded with the speed which 
you ought to desire, it will be proper for you to come in per- 
son as soon as possible, to give your personal presence to the 
affair, to come to the city in company with the commission- 
er, and before the affair is presented to the Captain General, 
to submit it to an advocate, to give it before hand the proper 
forms. 

My friend, the Commissioner, has had the most fortunate 
issue that could have been expected. You can calculate upon 
the recovery ot the value of the stolen property. I am de- 
lighted in having been the agent in this business. The Com- 
missioner charged with the summary information, is worthy, 
very worthy, of our acknowledgement, because to the probi- 
ty, efficacy and honour, with which his proceedings have been 
marked, he has added a prudence as well as artful cunning to 
come at a complete discovery of the whole. 
I am, &c. 

P. S. Of this same date and according to letter of advice, 
1 have drawn on you in favour of Dr. Ramon de Alustiza for 
the sum of $250, which sum I shall deliver to the Commis- 
sioner on account of his trouble. 



No. 4. 

[translation.] 

;i/ r . to Mr. John O'Kelhj. 

Foxardo, 9lh February, 1824. 

My Esteemed Friend : You could scarcely suppose the 
progress which to this date our investigations have made, by 



85 



means of the Commission which I mentioned lo you in my 
last, and to what effect your favour in favour of D.Julian 
O'Kelly was used. At this moment the authors of the rob- 
bery are known to be James and Manuel Lamparo : they are 
prisoners in the capital, with the greatest injunctions on our 
part for their security, and the other accomplices have em- 
barked, and we do not lose the hope of taking them soon, ac- 
cording to intormation, that they must return. Some rem- 
nants and pieces have been recovered, and others which have 
passed to second and third possessors, must be made good by 
the mala fide purcharers against whom the commission is pro- 
ceeding. This impulse, from the recommendations of the 
government and from the desire of serving you particularly, 
loses no vigilance nor a moment in your service, yet we have 
still much to discover, because most of the effects are already 
dispersed. 

Under date of the 23d of January, I wrote to you from 
Caguas ; and, for the more complete termination of the busi- 
ness, it is absolutely indispensable that what I then mention- 
ed shou d be attended to ; not forgetting to furnish me, as I 
told you, for the expenses which are incurred, and of which 
I have already paid a part, an account of which I shall pro- 
duce in proper time. 

In virtue of the offer made by you in the newspaper to 
him, who should discover the robbery, 1 have not hesitated 
to make it to the Commissioner in particular, justly thinking 
that you must approve it ; for although it ought not to be offered 
as a stimulons, it ought justly to be given him as an indemni- 
fication for his extraordinary efforts — efforts which alone 
could have brought the business to the state in which it is. 
I hope, therefore, that you will answer me circumstantially, 
and as soon as possible, upon each of the points of this and 
my former. 

The enclosed will serve you to direct it with safety to its 
title, because it extremely concerns me. If, with the bearer 
you can send me two mattrasses for a bedstead, I will ac- 
knowledge it, or on another occasion secure it. 



U. S. Schooner Grampus, ( 

St. Thomas, <\lk Feb. 1825. \ 

Sir : I heard, with great regret, that you have been re- 
called from the command of the West India Squadron, on ac- 
count of the Foxardo affair ; since which, I have every day 
been more and more satisfied of the propriety and necessity 
ot treating these people in that way. There is not the least 



doubt, but the authorities of that place were concerned with, 
or, at any rate under the complete influence of Compus, a 
rich and influential merchant, who, we have since ascertain- 
ed to a certainty, had the goods of Cabot, Bailey & Co. at the 
time of Captain Piatt's visit there, and that he was, no doubt, 
the cause of his and Mr. Ritchie's being confined, to prevent 
their getting information, and to induce them, with the young 
men sent from St. Thomas, in the Beagle, to leave the place 
as soon as released. The new Commandant of Foxardo has 
recently sent a person to St. Thomas, to negotiate with Ca- 
bot, Bailey &. Co. for the recovery of the property, and has 
entered into a written agreement with them, to prosecute 
this man, and to be at all the trouble and expense, for one 
half of what he gets. He says he can prove, beyond the pos- 
sibility of doubt, that this man had the goods ; this, of course,, 
must be kept secret at present. Bailey has entered into this 
agreement, by the advice of the Government of St. Thomas ; 
and, after he obtains as much of the property as he can, the 
Governor is to demand of the Government of Porto Rico the 
remainder of the property, and the punishment of Compus. 
These, and many other circumstances about these people, 
have come to my knowledge, that may perhaps be servicea- 
ble to you in the investigation that is said to be intended about 
the affair ; and I assure you, it will give me much pleasure 
to throw any light on the subject in my power. 

Very respectfully, I am, Sir, yourobed't humble servant. 
(Signed) JOHN D. SLOAT. 

To Commo'e David Porter, U. S. Nary. 



[Extract. ) 
U. S. Schooner Grampus, St. Thomas, \2th March, 1825. 
Sir : I have the honour to enclose you the deposition of 
the master and owner of the sloop Neptune, of this place. 
1 have taken and forwarded it, thinking it may be serviceable 
to you in the investigation of the Foxardo affair, as it shews 
the character of the people of that vicinity. Since you were 
here, they have robbed and captured several small vessels 
belonging to this place, and fitted out one or two of them, as 
pirates. Having obtained this intelligence, I procured two 
small sloops, such as are used in this trade, manned them, 
with the intention to examine all the small harbours of Crab 
Island, and the Coast of Porto Rico, where the Grampus 
could not enter ; and as a decoy, my plan succeeded, and in 
Boca del Ferno, Lieut. Pendergrast was so fortunate as to 
fall in with one of thern, who irave chase to him. On coming 



37 



near, however, he became suspicious, and tacked. Mr. Pen- 
dergrast then tired on him, which he immediately returned, 
and kept up the action for forty-five minutes, when he ran on 
shore, and they all jumped overboard, and swam to shore. 
Thev were nearly all killed or wounded ; ten of those which 
escaped were taken by the soldiers, five crsix of which are 
wounded, amongst them the famous piratical chief Cofrecine, 
who has long been the terror of the Coast. The sloop 1 have 
taken is the new sloop belonging to the man that pilotted us to 
Foxardo, and was on the stocks when we were there. He- 
had just got her ready for sea, and had taken her a few miles 
from that place to take in a cargo, when she was taken from 
him. By the next opportunity 1 will send you his deposition. 
With respects to Mr. Porter, I am, sir, your obedient ser- 
vant, 

(Signed) JOHN D. SLOAT. 

To Commodore David Porter, U. S. Nary, Washington. 

P. S. Since writing the above, I have met with Captain 
Low, and have taken his declaration, which is enclosed. 



(Copy.) 

Salvador Pastorise, of St. Thomas, being duly sworn ac- 
cording to law, deposes and says, that on or about the thirty- 
first day of January last, he sailed from St. Thomas in com- 
mand of the sloop Neptune, of which he was owner, with a 
large cargo of provisions and dry goods, bound to Las Platil- 
las, in the Island of Porto Rico, where he arrived in safety, 
and obtained a permit to discharge the cargo in Hobos, a small 
port within twenty-five or thirty miles of Foxardo That 
going into Hobos, he was boarded inside of the harbour by a 
small piratical boat, containing eight or ten men, who con- 
tinued firing into him from the time they were within 
musket shot until he was out of their reach with his small 
boat, which he got out and escaped in with his people, 
not, however, until he received a shot in the back of his 
head. That these pirates were not content with the cap- 
ture of his sloop, but after putting four men on board of her, 
the rest of them pursued him and his people in their boat, 
with the intention, as this deponent believes, of putting them 
to death, if they were overtaken. And this deponent further 
says, that he knows the persons of four, and the names of two 
of those pirates, which are Rovelto Cofusci, a Creole of Porto 
Rico, and Pedro Salovi, an Italian, but married and settled 
in Porto Rico, aboat tea miles from Foxardo. and that tl 



88 



other two are Creoles of Porto Rico. That he has not snior 
seen his sloop, which he is informed and believes to be fitted 
out as a pirate, and cruising as such about coasts of Porto 
Rico, &c. 

(Signed) S. PASTORISE. 

I, John D. Sloat, commander of the U. S. schooner Gram- 
pus, do hereby certify that the foregoing deposition was this 
day duly sworn to and subscribed in my presence. 

Given under my hand at St. Thomas, this sixth day of 
March, 1825. 

(Signed) JOHN D. SLOAT. 



(Copy) 

John Low, of St. Thomas, being duly sworn according to 
law, deposes and says, that on or about the eighteenth day of 
February last, he sailed from Foxardo, in Porto Rico, in the 
sloop Anne, of St. Thomas, of which he was master and own- 
er, for Cape Rapalma, a small port witbin an hour's sail of 
Foxardo, for the purpose of getting a cargo, at which place he 
came to an anchor, and at midnight of the twentieth, was there 
boarded and captured by a small piratical row-boat with eight 
men, the leader of whom robbed him of about twenty dollars 
from his pockets, and then obliged him and his people to jump 
overboard ; they all fortunately reached the shore, where they 
remained until an opportunity offered for St. Thomas. On 
this deponent's arrival at St. Thomas, he reported the affair 
to the government, and on the first of this month sailed in this 
schooner in pursuit of his vessel, which had been fitted out 
and was cruising as a pirate, and was on board the sloop un- 
der the command of Lieut. Pendergrast of this vessel, when 
his sloop was identified by him and recaptured from the pi- 
rates by that officer and his command, and on her arrival at this 
place delivered to him as the rightful owner. 

(Signed) JOHN LOW. 

On board the U. S. Schooner Grampus, St. Thomas, 13th March, 1826. 

I, John D. Sloat, commander of the U. S. Schooner Gram- 
pus, do hereby certify that the foregoing deposition was thi- 
day duly sworn to and subscribed in my presence. 

Given under my hand on board the U. S. Schooner Gram- 
pus, at St. Thomas, this thirteenth day of March, 1825. 

(Si^ed) JOHN D. SLOAT, 



89 

(Copy.) 

St. ThomA8, 6//1 March. 

Dear Sir ; Without doubt, ere this you have my respects 
per Beagle, containing an account of the tire which took' 
place on the 12tbult. We then supposed it was occasioned 
by accident ; since which, the frequent attempts to fire the 
remaining half has led a large part of the community to sup- 
pose that it was the work of an incendiary. That fact is, that 
this place and the neighbourhood has, for a length of time, 
been frequented by pirates ; and there exists no doubt, but 
the frequent attempts, (seven in number since the 12th,) 
which have lately been made, have originated with the gang, 
part of which are lodged in the fort of this place. 

On the 12th ult. during the fire, and when it was supposed 
it was gaining on the upper town, the pirates in the fort cheer- 
ed, and appeared to be pleased that the success had been so 
great, in the accomplishment of their views. 

Business is completely at a stand, and will, I fear, continue 
so, till a more efficient force is sent on this station. The Go- 
vernment of this Island is without force. The prisoners now 
in the fort, is nearly equal to the garrison; and although the 
Governor is using every exertion for the preservation of the 
remains of the town, and is inclined to execute the pirates 
now in confinement, still the laws are not sufficiently strong 
to warrant him in so doing. 

The gang on the coast of Porto Rico must now exceed 
eighty ; and they have several small vessels in which they 
cruize. 

The commander of the Grampus does all in his power, but 
this force is not sufficient ; and if our Government does not 
send out a larger force on this station, I fear that the flourish- 
ing trade from our country to this will be done up. 

The inhabitants of this Island are in a state of continual 
alarm ; we are not only on the alert against fire, but fear that 
these desperadoes will attempt, during the flames, to assassi- 
nate the inhabitants. If you can influence the Secretary of 
the Navy to send us a further force on this station, you will 
confer a great favour on all the resident Americans. 

In making known this communication, have the goodness 
to keep the name of the writer a secret, as the Government 
use every means in their power to keep the true state of 
things from coming to the ears of the public, supposing it will 
be detrimental to the trade of the place. 

With respect, I remain your most obedient servant. 
To Commo'e David Porter, Washington. 
12 



90 

(Copy.) 

Ui S. Schooner Grampus, 
St. Thomas, I2lh Dec. 1824. 

Sir: In pursuance of your orders of the 15th November, 
1824, I have the honour to report, that I visited Antigua and 
St. Christophers. I delivered your message to Governor 
Maxwell, who appeared to be very much gratified to hear 
from you. With regard to the prisoners there, I found, on. 
inquiry, that, in a fracas, two sailors, on board an American 
brig, had beaten and wounded, with a knife, the cook, so that 
he died in about thirty six hours after. An inquest was held, 
and, from the declaration of the dying man, and the testimony 
of another black man, gave a verdict of wilful murder ; since 
which time, (about seven months) these men have been con- 
fined. Finding the crime to have been committed within the 
jurisdiction of the English Government, I did not believe it 
would be cognizable in our Courts ; and, as there could not 
be obtained any other testimonjr than that given before the 
Inquest, which I did not believe would be received in our 
Courts, even if the men could be tried, and as also it would 
subject the United States to a heavy expense, for their main- 
tenance, &c. ever since their confinement, I did not think 
proper to take them. They will now shortly be tried. Go- 
vernor Maxwell was willing to give them up, but the Chief 
Justice thought they could not properly do so, and if they 
did, thai the culprits would escape from our Courts, for want 
of jurisdiction and testimony. 

1 inclos-e you the official account from Porto Rico of our 
expedition to that Island. Several gentlemen I have seen 
from there, informed me, that it created a great sensation, 
and that Le Torres threatens to retaliate on the first Ameri- 
can officer he can catch, by making him walk barefooted to 
Fajardo. The Captain of the Port and the Military Com- 
mandant have been broke and confined. The Alcalde made 
his escape, and is now in this place. As I have no inclina- 
tion to march barefooted to Fajardo, I cannot go to Porto 
Rico for water. I shall therefore be obliged to purchase it 
at this place, or go down to St. Domingo, which I think I 
shali do before long, as I intend to visit the Mona passage in 
a few days. We have nothing new on this station worthy of 
communication. Since you left, we have had so much blow- 
ing and rainy weather, that I find my old suit of sails going so 
fast, that I feel it my duty to inform you, that I shall not be 
able to make them hold out more than two or three months, 
at farthest ; when, if I am not relieved, or receive orders to 
return home, 1 shall be obliged to incur a very heavy ex- 



91 

pense, to get a new suit of sails at this place, to keep my ve> 
sel in a proper state of safety and efficiency. I beg, there- 
fore, I may receive your instructions before that time, how 
to act. It is very easy to get orders to me by way of New 
York, by inclosing them under cover to Cabot, Bailey, & Co. 
St. Thomas, and send them to J. Balestier & Co. No. 81, 
Pine street, New York. They will be sure to come by the 
first vessel. As the two houses are connected in business, 
he knows of every opportunity. 

I have the honour to be, very respectfully, Sir, your obedi- 
ent servant, 

(Signed) JOHN D. SLOAT. 

To Commo'e David Porter, 

Commander in Chief of the Naval Forces of the U. S. 
in the W. Indies and Gulf of Mexico, 



(Copy.) 

Washington, May 67ft, 1S25. 

*Sir : I have the honour to transmit to you a number of 
original letters and depositions, respecting transactions at 
Foxardo, and the piratical character of the place. 

I have the honour to be, your obedient servant, 

(Signed) D. PORTER. 

Hon. Sam'i. L. Southard, Secretary of the Navy. 

I shall now give a copy of my letter to the Captain Gene- 
ral of Porto Rico, written, as will be perceived by the date, 
on my first arrival in the West Indies, and before the death 
of Lieut. Cocke, apprising him of the object of my visit, and 
calling on him for co-operation. I shall then give a correct 
copy of my letter to the Governor of Foxardo, and a trans- 
lation from the Gaceta del Gobierno de Puerto Rico, which 
bears evidence of being the production, and published by the 
authority of the Captain General of that Island. 

After a perusal of the documents accompanying this de- 
fence, after being acquainted with the iniquitous conduct of 
the inhabitants of Porto Rico, after the neglect of the Captain 
General to furnish that aid and assistance for the suppression 
of piracy, which it was his duty to have afforded, after a 
knowledge of the object that took Lieut. Piatt to Foxardo, 
and the only object that took me there, and after redress and 
the only redress obtainable bad been obtained, who will dare 
to say that the lives and property of our fellow-citizens are 
safe in any part of the Island of Puerto Rico, while it remains 
under the government of a man so distinguished for his hos- 

* The above letter accompanied the Documents rejected by the Court, 



92 



tility to our country, and for his mischievous character as 
Don Maguel de Torres, the undoubted author of the inflam- 
matory production above-mentioned ? The Island of Porto 
Rico can be considered in no other light lhan as an Island of 
Pirates, of which he is their Chief, and every nation who re- 
gards her own interests and the safety of her citizens, should 
unite in putting them down by blockade, reprisal, or if ne- 
cessary, by conquest 

If Don Miguel de Torres was of a virtuous and pacific 
disposition, he would have taken the only proper means of ob- 
taining redress, either through his own government, or by a 
direct appeal to ours ; but as he has thought proper to give 
way to his wild and uncontrollable feelings, and thereby ex- 
citing the malignant and mischievous propensities of those 
under his orders, placing by his publications the lives and 
property of the citizens of the United States in Porto Rico 
at hazard, he has lost sight of what was due to his own gov- 
ernment, to humanity, to his character of a respectable 
Chief, and forfeited his claim on this country for reparation, 
if any was due. 



(Copy) 
U. S. Ship Peacock, March ilk, 1823. 

To his Excellency the Governor of Porto Rico. 

Your Excellency : I have the honour to inform you that 
in pursuance of orders from my government, I have taken 
command of all the United States' Naval forces in those seas, 
for the protection of the Commerce of the United States, 
against all unlawful interruptions, to guard the rights, both of 
property and person, of our citizens, whenever it shall be- 
come necessary, and for the suppression of piracy and the 
slave trade. 

As great complaints have been made of the interruption and 
injury to our commerce by privateers fitted out from Spanish 
ports ; 1 must beg your Excellency to furnish me a descrip- 
tive list of vessels legally commissioned to cruise from Porto 
Rico, with a set of the blank forms of their papers, that 1 may 
know how, and when, to respect them, if I should meet with 
any of them. 

I must also beg your Excellency to inform me how far they 
have been instructed to interrupt our trade with Mexico and 
the Colombian Republic, and whatever instructions or author- 
ities they may have affecting our commerce generally. 

As the suppression of piracy, the principal motive for my 
visit to those seas, is an object that concerns all nations, (all 



93 



being parties against them and may be considered allies.) I 
confidently look to all for co operation whenever it may be 
necessary, or at least their favourable and friendly support, 
and to none more than those most exposed to their depreda- 
tions. I, therefore, look with confidence to your Excellency 
for the aid of such means as may be in your power for their 
suppression, and in the absence of means, I beg to assure your 
Excellency, that whatever course may be pursued by me, to 
destroy these enemies of the human race, it will have no other 
aim : and I shall observe the utmost caution not to encroach 
on the rights, or willingly offend the feelings, of others, either 
in substance or in form, in all the measures which may be 
adopted, to accomplish the end in view. 

It will afford me sincere pleasure, should I be so fortunate 
as to fulfil the expectations of my government, and at the same 
time, preserve harmony and a good understanding with those 
with whom I may be so unfortunate as to come in collision, 
or discussion in relation thereto : indeed, it will add much to 
my happiness, if it can be avoided altogether. 

That such is my sincere wish, and that the objects set forth 
by me, are the only ones which brought me to those seas, I 
beg leave to assure your Excellency in the most positive and 
unequivocal terms. 

With the highest respect, I have the honour to be, your 
Excellency's very obedient humble servant, 

(Signed) D. PORTER. 



(Copy.) 
U. S. Ship John Adams, jYov. 12ih, 1824. 

Sir : It has been officially reported to me, that an offi- 
cer under my command, who visited the town of Foxardo, 
of which you are the Chief, in search of robbers and free- 
booters, who with a large amount of American prop- 
erty, were supposed to have taken shelter there, and bring- 
ing with him sufficient testimonials as to his object and 
character, was, after they were all made known to you, 
arrested by your order by armed men, and shamefully in- 
sulted and abused in your presence by the Captain of the 
port, after which, he was sent by your orders, to prison, and 
when released therefrom, was further insulted and abused by 
the inhabitants of the town. His object in visiting Foxardo 
has by these means been defeated, and for these offences no 
atonement or explanation has yet been made. 



94 



The object of my visit is to obtain both, and I leaye it en- 
tirely to your choice, whether to come with the Captain of 
the port and the other offenders to me, for the purpose of sat- 
isfying me, as to the part you have all had in this shameful 
transaction, or to await my visit at your town. Should you 
decline coming to me, I shall take with me an armed force, 
competent to punish the aggressors, and if any resistance is 
made, the total destruction of Foxardo will be the certain 
and immediate consequence. 

If atonement for the injur}' is promptly made, the innocent 
of the offences will escape all punishment — but atonement 
must and will be had, and if it is withheld from me, they will 
be involved in the general chastisement, 

I shall hold the town and vessels in the harbour answera- 
ble for any detention or ill treatment of the officers who 
bear this letter. 

I allow you one hour to decide on the course you will pur- 
sue, at the expiration of which time, if you do not present 
yourself to me, I shall march to Foxardo. 

I have the honour to be, with great respect, your very 
obedient servant, 

(Signed) D. PORTER. 

To the Alcalde of Foxardo. 

(Copy.) 

" Porto Rico, November 23d, 1824. 
" Shameful aggression, by Captain Porter, of the United States'' 
Frigate John Adams, in violation of the Rights of Nations. 

"On the 14th of the present month, the commander of the 
United States' Frigate John Adams, displaying the flag of a 
nation with which we are at peace, and with which there was 
no appearance of our having declared war, anchored in the port 
of Fajfirdo, with two schooners, landed a number of armed 
troops, and placing himself at their head, under specious pre- 
texts, threatened destruction to the town, and to the lives of 
its inhabitants, who had no other bulwark but their own cou- 
rage, and no other authority in their front, but that of an Al- 
calde and of a militia officer of the district. He carried in 
inconsiderate enterprise so far, (taking advantage of the sur- 
prise of the moment, and of the state of peace in which we 
are with the nation whose flag waved over him,) as to spike 
the artillery, re-embarking when the people began to collect, 
by which he avoided the punishment which was his due. If 
his precipitate embarkation, and the weakness of the Alcalde, 
(whom we cannot positively pronounce culpable, on account 



95 

•f our not being yet acquainted with all the circumstances,) 
saved Captain Porter from the indignation of a people most; 
atrociously insulted, and, for the present, from the punish- 
ment which the Laws of Society impose, the thinking world 
will judge of the criminality in both cases of the aforesaid 
Porter, as a public man, commanding the naval forces of a 
civilized nation, and as a private individual, according to the 
result of the facts we are about to relate. 

" Under date of the 30th of October, the Alcalde of the. 
aforementioned town of Fajardo, gave notice that at 7 o'clock 
on the evening of the 26th, the American war schooner Bea- 
gle, Captain J. Piatt, had arrived at that port, having on board 
Mr George Beafon, clerk in the house of Cabot and Baile}^ 
in the island of St. Thomas, with orders and recommendations 
from Mr. John Campus, of that place, in search of some goods 
said to have been stolen from the said house, on the night o£ r 
the 24th-25th of March. 

•• The Captain of the port, (to whom, as well as to the other 
military authorities, vigilance was recommended on account 
*f the number of vessels, which, according to advices re- 
ceived, had been fitted out in the United States, under the 
flags of what are called the insurgent States,) had his suspi- 
cions of the brig, and requested the assistance of the Alcalde 
to examine her papers ; when finding them regural, he gave 
the schooner liberty to proceed on her voyage the same 
day. 

" Under the date of the 14th, he says, that at 7 o'clock of 
that day, information was received of two American schooners 
with launches in tow, having passed the isle of Palominos, 
which is in front of the port ; that, from these launches, bear- 
ing the American flag, one hundred and fifty armed men land- 
ed, and with a drum beating, marched to the town, where the 
people of the neighbourhood had already begun to assemble, 
armed with whatever they could lay their hands on, and re- 
solved, as good Spaniards, to sell dear the ground they occu- 
pied, when they observed a white flag borne in front, and 
having been commanded to halt, he went out and met an offi- 
cer, who brought the Alcalde a letter in English, a literal 
translation of which follows : 

" U. S. Frigate John Adams, November 12th, 1824. 
" Sir: I have been officially informed, that an officer under 
my orders who visited the town of Fajardo, of which you 
are chief, in search of, which with a great quantity of Amer- 
ican property were supposed to be secreted there, and car- 
rying with him sufficient testimonials of his object and cha- 
racter, was, after he had made all known to voir sir, arrested 



96 



through your orders, by armed men, and shamefully insulted 
and abused in your presence, by the Captain of the port; — 
and that, after he was sent away by your orders, and set at 
liberty, he was insulted and abused afresh, by the inhabitants 
of the town. 

" His object in visiting Fajardo has been frustrated through 
these means, and for these offences has been made neither 
expiation nor explanation. 

" The object of my visit is to obtain both, and I leave it en- 
tirely to your choice, either to come with the Captain of the 
port and the other offenders where I am, to give me satisfac- 
tion for the part which you have all bad in this shameful af- 
fair, or to expect my visit in your town. If you, sir, decline to 
come to me, I shall take with, me an armed force competent 
to chastise the transgressors ; and if any resistance be made, 
the total destruction of Fajardo shall be the certain and im- 
mediate consequence. 

" If atonement for the injury is promptly made, those inno- 
cent of the offence shall escape all punishment: but there 
must and shall be an atonement, and if I am impeded, they 
shall be involved in the general punishment. 
.% "1 shall hold the town and the vessels in port, if the officer 
who is sent with this letter be detained or ill treated. 

" 1 grant you, sir, an hour to decide on the subject, at the 
expiration of which period, if you do not present yourself in 
person before me, I shall march to Fajardo. 

" I have the honour to be, with great respect, your obedient 
servant, (Signed) D. N. PORTER, 

Commander of the Naval forces of the United Slates on the coast of 
Africa and Florida, in the Antilles and the Gulf of Mexico. 
To the Alcalde of Fajardo." 

'* The Alcalde says that, to avoid the consequences with 
which he saw the town was threatened, he resolved to go and 
speak to Commodore Porter, with whom he held a confer- 
ence in the most friendly manner, and, after having removed 
all difficulties, retired. After this he supposes they spiked 
the four pieces of artillery at the port. 

" Various persons who were present say, that Commodore 
Porter and the Alcalde having interchanged invitations to par- 
take of refreshments, the former accepted the invitation of 
the latter, passing to the town : but that when he arrived 
where the people of the neighbourhood were collected, who 
had a cannon ready with a lighted match, and when he saw 
their boldness and resolution, he excused himself under va- 
rious pretences and retired immediately. 

" It is inferred from the rontents of Commodore Porter's let- 



97 



ier, that he made his threat with the intention of taking com* 
mand of the town, hefore disembarking ; but he must now 
know the people of Porto Rico well enough, to be convinced 
that even the small time he allowed them, might have cost 
him dear, and that only by abusing good faith and confidence 
in the friendly relation? of the flag he bore, could he have 
succeeded in entering upon the territory without paying for 
it with the life of as many as were bold enough to make the 
attempt, and so was he in person at the head of his troops till 
they were commanded to halt at the entrance of the town. 

" The arrogant tone of Captain Porter, in his threat to the 
miserable Alcalde of a defenceless town, of a friendly nation, 
demanding satisfaction for an offence, which is denied to have 
been committed, and satisfaction for which, even if certain, 
should have been exacted only from the sovereign, with 
arms in hand, is sufficient proof that his conduct has been a 
crime against the laws of nations and of honour. 

" If Captain Porter has acted as an officer of the Navy of the 
United States, not only has he offended the Spanish nation, by 
violating its territory, and committing hostilities and outrages, 
when it was reposing in the confidence that he brought peace 
with him ; but he has committed an offence against all the 
recognized nations of the civilized world ; and even against 
his own, by usurping sovereignty, to which only it apper- 
tains to change a state of peace to one of war. 

" It will be enough to tell Commodore Porter, the laws 
which ought to be observed, in respect to the rights of na- 
tions. ' If a private person,' says Vattel, ' wishes to prose- 
cute his rights, in opposition to the subject of a foreign pow- 
er, he can apply to the sovereign of his adversary, or to the 
magistrate who exercises the public authority, and if he does 
not obtain justice, he ought to apply to his own sovereign, 
who is bound to protect him.' 

" ' To take up arms,' says the same author, ' it is necessa- 
ry, first, that we have just cause of complaint ; secondly, 
that we have been denied reasonable satisfaction.' And, in 
another place, he says, ' To enter, with an army, into a 
neighbouring country, which we have not threatened, and 
without having tried to obtain an equitable reparation for the 
wrongs we think we have received, will be to introduce a 
method fatal to humanity, and to destroy the foundation of 
the tranquillity and security of nations. If public indignation, 
and the agreement of civilized people had, not prescribed this 
mode of procedure, it would be necessary to remain always 
armed, and to be in the same state of preparation in full 
peace, as in open war." Compare, for a moment, this doc- 

13 



m 



trin« with the contents of the letter of the American Captain, 
and with his conduct, and you will see immediately the cri- 
minality which his proceedings involve. 

" Among the causes, which the author from whom we have 
taken these doctrines, gives, as those which will justify a na- 
tion in having recourse to arms, is a just motive of complaint, 
of which reasonable satisfaction has been refused. 

" Independent of the want of authority in Captain Porter, to 
make use of the arms given him for other purposes, the cause 
of complaint rests in an injury which supposes to have been 
done to an officer under his command. According to another 
author, an injury to a person can be done in three ways : — 
' either by denying hun that which is his due ; by depriving 
him of that which he lawfully holds ; or by doing him an evil, 
which there is no right to do unto him.' 

" None of these three circumstances is observed in the case 
which Commodore Porter brings forward — and all three con- 
cur in his perfidious aggression. When the Captain of the 
port of Fajardo wished to assure himself of the lawfulness ot* 
the proceedings of the schooner Beagle, he used a very legal 
right ; and to the exercise of which occasion was given by 
the nature of the vessel ; by the character of the crews with 
which the enemy's vessels are manned ; and by the advices, 
mentioned above, which had been received. But, applying 
this to Commodore Porter, we find him deny the Governor 
of the Island the indisputable right he has to administer jus- 
tice ; we find him usurp the exercise of this authority in a 
case of private property, depriving the people of the tran- 
quillity they enjoyed, and his Majesty of the use of his arms, 
and committing hostilities without any authority. 

" To threaten the whole population of a little town with 
destruction, if it did not give him a satisfaction which he has 
not obtained, and could not have obtained in the manner he 
solicited, whatever may have been the conduct of the Al- 
calde of Fajardo, is to gainsay the opinion we had formed of 
Captain Porter, who we supposed to possess those noble, hu- 
mane, and generous sentiments which are proper to a gen- 
tleman. But to abuse the good faith of the Treaties under 
which we live, to employ force against weakness, and then to 
retire without accomplishing his object, and without fulfilling 
his duties as a commander, when he saw a force was collected 
to oppose him, is to act directly contrary to those sentiments. 

" If he believed that satisfaction was due to the officer under 
his orders, it was not to be obtained but through the compe- 
tent authority, that is the Captain General of the Island, and 
not the Alcalde of a town, which, on the other hand, charges 



99 



him with being the aggressor. Whatever has been done or 
said by the Alcalde, will be considered as the personal pro- 
ceedings of a weak man, overpowered by force, and can in 
no way be any satisfaction to Captain Porter of his aggrieved 
officer. If they desire a satisfaction purely personal, as offi- 
cers of honour, they ought to know that there aie other ways 
of obtaining it. We will not be those who shall decide as to 
the true qualities of the conduct observed by Commodore 
Porter. We leave it to the whole world to compare it with 
what is painted by one of the authors, of which we have al- 
ready spoken. 

" ' Those who have recourse to arms without necessity, are 
the plagues of the human family — they are the barbarous 
enemies of society, and rebels against the laws of nature, or 
rather, against the common father of men.' 

" They are obnoxious to the penalties and the treatment the 
Genevans imposed on the Savoyards, when they assailed them 
in 1602 ; ' because a nation attacked after this manner (in an 
informal and unlawful war,) by enemies, is not obliged to ob- 
serve towards them, those laws which are proscribed in laws 
declared in form, and can treat them as banditti.' 

" Ifthe Alcalde had only known his duty, or been desirous 
of fulfilling it, although he could not prevent the landing of 
Captain Porter with an armed force, if he had delayed to re- 
ply to the letter, and done nothing else, this gentleman would 
have received a suitable answer in a few hours. The Alcal- 
de of Naguabo, who saw the two schooners anchor at Fajar- 
do, and the brig at the cape, had already collected his people, 
and given the necessary information to the commandant of the 
department, who immediately took up the line of march for 
the point which was threatened. The neighbouring inhabi- 
tants with the commandant, would, we feel confident, have 
renewed the scene of January 23d, 1817, when, having at 
their head, the captain of Grenadiers, Don Antonio Planells 
y Bardaxi, they resisted two insurgent corsairs, which, after 
having tried in vain to capture an English schooner, that had 
taken refuge in the port, made a landing which cost them the 
loss of thiity men, and of a great quantity of arms and am- 
munition, and forced them to give up a practice which they 
had taken up under the American flag, and a boat and three 
men which they had captured. 

" Ifthe loyal and valiant inhabitants of Fajardo, have lost a 
second occasion of covering themselves with glory, as worthy 
Porto Ricons, as in the affair which we have just related, and 
which may be seen in the Gazette of February 1st, 1817, let 
them console themselves. The Governor will take care to 



100 

put at their head an officer who will discharge his duty, if oc- 
casion should occur, as did Planells, to avoid another sur- 
prise, and that the aggressors, (who have been witnesses of 
the valour and decision with which the word of attack is ex- 
pected,) notwithstanding that, from the shortness of the time, 
but few of the people can collect together, may not return to 
repeat with impunity such scandalous attempts, which will be 
repelled with the boldness, the valour, and the fidelity which 
characterizes that honourable neighbourhood. 1 ' 

It will not escape the notice of the reader, that my visit to 
Foxardo, not only had the effect which I anticipated — that of 
securing better treatment from the authorities of Porto Rico 
to the officers engaged in the suppression of piracy ; but, 
from accounts recently received from the officer I left to per- 
form this duty, it appears an earnest co-operation on the part 
of the Government of the Island has also been produced by 
it: — I allude to the communications of Lieut. Sloat, which 
have lately been received at the Navy Department, accom- 
panied by a Circular from the Captain General of the Island, 
calling on the subordinate authorities to render every assist- 
ance in their power. This conduct, contrasted with their 
former treatment of us, proves the effect of my visit to have 
been most salutary. 

OFFICIAL. 

U. S. Schooner Grampus, ) 
St. Thomas, \Wi March, 1825. \ 
Sir : I have the honour to report, for the information of 
the Department, that having learned that several vessels had 
been robbed by Pirafes near Foxardo, and that two sloops of 
this place, and one of Santa Cruz, had been taken by them, 
and two of them were equipped and cruising as Pirates, 1 ob- 
tained two small sloops at this place, free of expense, by the 
very cordial co-operation of his Exeellency, Governor Von 
Scholten, of St. Thomas, who promptly ordered the neces- 
sary documents to be issued, and imposed a temporary em- 
bargo, to prevent the transmission of intelligence to the 
Pirates,which sloops I manned and armed under the command 
of Lieutenants Pendergrast and Wilson, for the purpose of 
examining all the small harbours of Crab Island, and the 
South Coast of Porto Rico. We sailed on the first of March, 
and examined every place as far to the westward as Ponce, 
without success, although we got frequent information of 
them ; we anchored at Ponce on the evening of the 
nd. and took our men and officers on board ; the next 
morning, at 10 o'clock, a sloop was seen off the harbour. 



101 



beating to the eastward, which was very confidently sup- 
posed to be one of those fitted out by the pirates. I again 
got one of the sloops, and manned her under the com- 
mand of Lieutenant Pendergrast, accompanied by acting- 
lieutenant Magruder, Doctor Biddle, and Midshipman Stone, 
with twenty-three men, who sailed in pursuit the next day, 
at 3 o'clock. They had the good fortune to fall in with her 
in the harbour of " Boca del lufierno," which is very large, 
and has many hiding places, where an action commenced, 
which lasted forty-five minutes, when the pirates ran their 
sloop on shore, and jumped overboard : two of them were 
found killed, and ten of those which escaped to the shore 
were taken by the Spanish soldiers, five or six of whom were 
wounded, and amongst them, the famous piratical chief Cof- 
recinas, who has long been the terror of the coast, and the 
rallying point of the pirates in this vicinity. As near as we 
can ascertain, he had fifteen or sixteen men on board, and 
was armed with one four pounder, and muskets, pistols, cut- 
lasses, and knives for his men. The sloop was got off, and 
arrived safe, with our tender, at this place, last evening ; and 
I am happy to add, that none of our people received any in- 
jury, and all have returned in good health, notwithstanding 
their exposure to the sun and rain, for eleven days, without 
the possibility of getting below. I have much pleasure in 
stating to you, that I received every assistance from the au- 
thorities of Ponce, whilst there, and that they showed every 
desire to promote the success of the expedition. I have the 
honour to enclose you a copy of a letter sent by them to 
Lieutenant Pendergrast, thanking him, the other officers and 
men, for the service rendered the country, in the capture of 
the Pirate. 

The success of the enterprise, against skilful and cunning 
adversaries, is the best proof I can offer you of the good con- 
duct of the officers and men engaged in it, and renders super- 
fluous any eulogium from me. 

I have the honour to be, sir, very respectfully, your obe- 
dient servant, JOHN 1). SLOAT. 

Hon. Sam. L. Southard, Secretary of the Navy, Washington. 

To Lieutenant Pendergrast, the officers and crew of the sloop Dolphin, 
now in the service of the United States of America: 
The Alcade of Ponce, Don Jose Torrens, and the Milita- 
ry Commandant, Col. Don Thomas Renovals, request me to 
say to you, that, in the name of the Governor of this Island, 
and of the Spanish Nation, they {(resent you their thanks for 
the important service you have rendered them, in capturing 
the piratical vessel commanded by the noted Cofrecinas. 



102 



They have written to the chief authority an account of 
your gallant and successful expedition, and hope your fu- 
ture exertions may meet with equal success. 

In them you will always find friends and brother officers 
in an honourable cause, and all the assistance they may have 
in their power. 

They request you to accept the refreshments now sent off, 
and regret that your short stay deprives them of the plea- 
sure of showing you more particular attention. 

They are also happy to say that Captain Manuel Marcann 
has also been successful in securing some of the pirates who 
swam to the shore after you captured their vessels. 

Wishing you success, health, &c. I am, gentlemen, your 
friend and servant, JAMES J. ATKINSON. 

Ponce, 6lh March, 1825. 



U. S. Schooner Grampus, ( 

St. Thomas, Idlh March 1825. $ 

Sir : On the 12th of this month, 1 had the honour to re- 
port the capture of a Piratical Vessel on the South side of 
Porto Rico, by an expedition fitted out from this vessel, and 
her safe arrival at this place ; also my having given her over 
to the Governor to be returned to her former owner, an in- 
habitant of St. Thomas. I subsequently learned that the 
pirates who swam on shore had been taken and sent to the 
city of St. Johns, the seat of government of Porto Rico : at 
which place I called to offer our testimony against them. — 
Enclosure No. 1, is my letter to the Captain General ; No. 
2, his reply, which 1 have forwarded for the information ot 
the Department. Our testimony was not required, as they 
have confessed sufficient to convict them. 

The capture of this vessel, I find, is considered of much 
more importance, by the governments of Porto Rico, St. 
Croix, and St. Thomas, than I had any idea of, as the leader, 
*' Cofrecinas," has for years been the terror of this vicinity ; 
and his career has been marked by the most horrible murders 
and piracies ; and for some time a large reward has been of- 
fered by the government of Porto Rico for his head. Al- 
though wounded when he got on shore, he would not surren- 
der until he received the contents of a blunderbuss, which 
shattered his left arm, and he was brought to the ground with 
the butt of it. I have seen him in prison ; and he declares 
that he has not robbed any American vessel for the last eigh- 
teen months, only, however, for want of an opportunity. 
Several persons on shore, heretofore considered respectable 
have been arrested as accomplices of this gang. Six of tbem 



103 



were brought to St. J0I1119, and committed to prison whilst I 
was there. The Captain General has promised me that these 
desperadoes shall have summary justice — that he will not wait 
for the civil court, but will order a court-martial immediate 
ly to try them. 

I have great pleasure in stating to you that the Captain 
Getieral appeared to have every disposition to prevent all 
piracies from the coast ol" Porto Rico, aod toco-operate with 
me by all the means in his power ; and for which purpose he 
gave me a circular letter to all Civil and Military Officers 
on the coast, requiring them to give me every assistance and 
information in their power, whenever the Grampus or her 
boats may make their appearance on the coast, or in any of 
the harbours of the Island ; a copy of which is enclosed, 
No. 3. 

I have also the honour to enclose you a note from me to 
Governor Van Scholten of St. Thomas, No. I, requesting 
him to give the necessary orders to receive the Sloop, and 
to have her restored to her original owner, and his reply. 
No. 5. Also a letter from James J. Atkinson, Esq. in be- 
half of the Alcalde and Military Commandant of Ponce, 
No. 6. 

When I left St Johns, the Fiscal was taking the declara- 
tion of Cofrecinas ; and the Captain General promised me 
a copy of it ; but having a large convoy to take to sea on 
Sunday, (to-morrow) from this place, I could not wait for it : 
it will be sent to me in a few days, when I shall send it to 
you (or the information of the government, as I have no doubt 
it will throw much light on the subject of Piracies. 

I have the honour to be, very respectfully, Sir, your obe- 
dient servant, JOHN D. SLOAT. 

To the Hon. Samuel L. Southard, 

Secretary of the Navy, Washington. 



( No. 1. ) 

U. S. Schooner Grampus, 7 
St. Johns, Porto Rico, Uth March, 1825. 5 

Sir : I have the honour to inform your excellency that I 
have arrived iu this harbour, with the United States schoon- 
er Grampus under my command. The object of my visit at 
this time, is to inform your Excellency that a small sloop, a 
tender to this vessel, met with a piratical sloop in the har- 
bour of " Boca del Inferno," under the command of the fa- 
mous piratical chief Cofrecinas, on the fifth day of the pre- 
sent month ; and after a desperate resistance, drove her on 



J 04 

shore. The pirates that were not killed jumped overboard, 
and got on shore, where ten of them, 1 understand, have been 
taken by the troops in that vicinity, and sent to this place. 
Should your Excellency consider the testimony of the officers 
of the Grampus a£ all necessary in bringing those enemies 
of mankind to justice, it will be cheerfully afforded. The 
fdoop 1 took to St. Thomas, and gave her to her former 
owner. 

I have the honour to be, with the greatest respect, your 
Excellency's most obedient servant, JOHN D. SLOAT- 

To his excellenry, J. D. Miguel Dk la Torre, 

Captain General of the Island of Porto Rico. 



( No. 2. ) 
[translation] 

Government and Captain Generalship 7 
of the Island of Porlo-Rico. § 

I have received the official letter which you wvre pleased 
to direct tome, under date of 14th ult. informing me of 
the object of your visit to this port, and offering, if necessary, 
the declarations of your officers and crew, (who fought with 
so much bravery against the pirates in the Boca de lntiferno,) 
in case they should be found necessary for the conviction of 
those criminals, iu the process instituted against them by 
this captain Generalship. I return you my most grateful 
thanks, as well for this offer as for the effectual assistance 
you have rendered in the pursuit and capture of these wick- 
ed wretches, of which good services I was already informed 
by the Military Commandant, and other authorities of Ponce. 
Be pleased to accept the tender of my acknowledgements, 
and also to be the organ of communicating them to the offi- 
cers and crew of the schooner under your command, for their 
co-operation, which confers so much honour on the Navy of 
the United States ; and, as regards their declaration, (con- 
sidering that the pirates do not deny the principal facts, 
and that they have already convicted themselves,) I do not 
think it necessary to pat them to the inconvenience you were 
pleased to offer, and which goodness would have been accep- 
ted, had it been found necessary. This captain General- 
ship, in rendering to you its acknowledgements, flatters itselt 
that you will be pleased to continue your good services in 
the pursuit of this scourge of humanity ; that, in case there 
should still be any remaining, they may be brought to suffer 
the condign punishment which their captured comrades will 
not fail to receive. To effect this, the most energetic orders 



105 

have been issued, that all the authorities of the coasts should 
hold themselves unanimously in readiness to co-oporate with 
you in the most efficacious manner for the attainment of this 
result. 

Accept, Senor Commandant, the assurance of my respect, 
and of the consideration with which I pray God to preserve 
you many years. MIGUEL DE LA TORRES. 

Puerto Rico, 17 ih March, 1825. 
To the Commander of the U. S. sch'r Grampus, in the Bay. 

No. 3. — [Translation.] 
The captain of the U. S. American schooner Grampus, 
(Lieut. John D. Sloat,) goes in pursuit of pirates ; for which 
purpose he will visit all the ports, harbours, roads, and an- 
chorages, vvhich he may find convenient. In consequence, 
you will give him all the necessary aid aud notice for disco- 
vering them ; and in case of meeting with them, the authori- 
ties of the coast, both civil and military, will join themselves 
unanimously with the said commandant, to pursue them by 
land, while he does the same by sea ; and in case any of 
those wicked wretches should seek refuge in the territory of 
any part of the Island, they will pursue them briskly, until 
they have possessed themselves of their persons. The Go- 
vernment expects, from the known zeal of the authorities re- 
ferred to, that they will display the greatest activity, efficacy, 
and energy, in this importaut service, assuring each, in par- 
ticular, of the lively interest which it feels for the total ex- 
termination of such vile rabble, the disgrace of humanity. 
Those who shall distinguish themselves in the opinion of the 
Government, will be reported to his Majesty, giving to each 
one justice, according to his merits. God guard you many 
years. MIGUEL DE LA TORRES. 

Puerto Rico, 16th March, 1825. 
To the Military Commandants, and of the Quarters, 
Royal Aleukia, and other Civil and Mil. Authorities! 
and Functionaries of the Coasts of this Island. 

No 4. 

U. S. Schooner Grampus, 
St. Thomas, 12/h March, 1825, 8 A. M. 

Sir : Having been informed by the Captain of a vessel 
that arrived in this port, that the piratical vessel which the 
Danish man of war and myselt had for some time been in 
search of, was in the vicinity of Crab Island, and had cap- 
tured and plundered several small vessels belonging to this 
11 



1CM 



place, aud no Danish man of war beiog at the moment iu 
port I did not hesitate to request of your Excellency's permis- 
sion for the three Danish sloops (whose Captains had volun- 
teered their services) to assist me in pursuit of her. Your 
Excellency immediately granted the request, on the sole 
condition that 1 should pledge myself, as an officer and gen- 
tleman, that the vessels should not be used for any other 
purpose than searching for pirates. I can assure your Ex- 
cellency that they have been used by me for no other. The 
sloop which arrived this morning is the last of the three 
which were under the command of Lieut. Pendergrast, who 
was so fortunate as to fall in with, and capture, the piratical 
vessel we have been so long in search of, commanded by the 
famous chief Cofrecina, who is badly wounded ; the most of 
his crew were killed or wounded, and the survivor? are, all 
I believe, now prisoners in Porto Rico, where the Govern- 
ment afforded every assistance to the expedition whilst on 
that coast, and in capturing those that swam on shore. I 
herewith return your Excellency the documents placed by 
you in my hands, to be used by the sloops engaged in the 
expedition. I cannot forbear to recommend to your Excel- 
lency Capt. Perrelty, master and owner of the Danish sloop 
Dolphin, who rendered great assistance by his knowledge of 
the coast, and his good conduct during the cruise, and whom 
1 beg leave to recommend to your particular notice. 1 have 
great pleasure in restoring to the rightful owner the sloop 
captured from the pirates, and request your Excellency to 
give the necessary orders to have her delivered to him I 
also enclose several sets of Danish papers taken on board the 
piratical vessel. 

I have the honour to be, with great consideration and re- 
spect, your Excellency's most obedient servant, 

JOHN D. SLOAT. 

To his Excellency Gov. Von Scholten, 
of St. Thomas, St. Johns, &,.. &c. 



No. 5. 
Government House, St. Thomas, %2th March, 1825. 
Sir : I have the honour to acknowledge the receipt of your 
letter of this inst. and am extremely happy at the successful 
result of the expedition. 

I shall take a pleasure to lay your communication before 
my government, and beg you will be assured how much the 
community and I feel obligated to you for the assistance you 
on every occasion so readily afford this Island. 

I have the honour to remain, sir, your most obed't serv't, 

P. SCHOLTEN. 
To Lieut. Com't. SloAt, Commanding the U. S. Sch. Grampus. 



107 

No. 6. 

Ponce, 12th March, 182i». 

To Captain J. D. Sloat, United States Navy. 

Dear Sir : 1 have the pleasure of communicating to you 
the agreeable information, (at the request of Col. Renovales) 
that chief of the pirate you saw passing in front of this port, 
and in pursuit of whom you despatched the expedition under the 
command of Lieut. Pendergrast, has been captured with 
twelve of his associates, on shore, near Guayama, all despe- 
rately, if not mortally wounded, particularly the leader, 
Cofrecinas, who landed, wounded, and then fought Captain 
Maranos, uulil he had three bullets and two sabre wounds. 
He cannot survive. 

The Commandant and Alcade present you their sincere 
and warm thanks for the service and aid you have rendered 
this place in capturing this pirate, and wish to be remember- 
ed to yourself, Lieutenant Pendergrast, and the other officers 
of your expedition. They wish soon again to see you, and 
hope you will remain in port Jong enough for them to show you 
some particular attention- 
Many of Cofrecinas's confederates on shore are arrested ; 
five from here sent to St. Johns. 
Your friend and servant, 

JAMES J. ATKINSON. 



